Legal Opinion

Elliott v. County of Woodbury

Supreme Court of Iowa

Decided October 23, 1913PublishedCited by 2 opinions

Appeal from Woodbury District Court. — Hon. Wm. Hutchinson, Judge, Action in equity to enjoin the defendant county, its board of supervisors and an engineer in charge of the work in a drainage district, from maintaining a solid embankment along the south side of a highway adjoining plaintiff’s land, and for a mandatory injunction compelling the defendants, or allowing plaintiff, to put in a culvert across the highway and through the embankment in order to re-establish what…

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Appeal from Woodbury District Court. — Hon. Wm. Hutchinson, Judge, Action in equity to enjoin the defendant county, its board of supervisors and an engineer in charge of the work in a drainage district, from maintaining a solid embankment along the south side of a highway adjoining plaintiff’s land, and for a mandatory injunction compelling the defendants, or allowing plaintiff, to put in a culvert across the highway and through the embankment in order to re-establish what is claimed to be a natural water course, so as to drain the water from his (plaintiff’s) land. The defendant pleaded that…

1Opinion of the CourtDeemer, J.

Although, many propositions are argued, the real questions in the ease are of fact, and it is practically conceded that if in the establishment of what is known as the ‘‘ Garretson Drainage District” the plans as finally adopted contemplated and did, in fact, provide for the closing of the culvert in question and the substitution of a solid embankment and the conveyance of the water, which originally went through a culvert southward from plaintiff’s land, by a lateral ditch eastward into the main ditch of the district, plaintiff has no right to recover. If, however, the contrary appears, then…

2Cases cited2 opinions

  1. Loveless v. RuffcornSupreme Court of Iowa · 1909
  2. Wallis v. Board of SupervisorsSupreme Court of Iowa · 1911

3Cited by2 opinions

  1. Hallett Construction Co. v. Iowa State Highway CommissionSupreme Court of Iowa · 1966
  2. In Re Estate of KinnanSupreme Court of Iowa · 1934

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