Livingston v. McDonald
Supreme Court of Iowa
Appeal from, Jones District Court. Servitudes : upper and lower estates as to drainage : LIABILITY OP UPPER OWNER POR INCREASED ELOWAGE CAUSED BY MOLE DITCH OR DRAIN, &G.— The plaintiffs are the landlord and tenant .of a farm in Jones county; the farm adjoining which is owned and occupied by defendant. The relative natural level of the two farms is such that the surface drainage of defendant’s farm flows down upon that of the plaintiffs.
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Appeal from, Jones District Court. Servitudes : upper and lower estates as to drainage : LIABILITY OP UPPER OWNER POR INCREASED ELOWAGE CAUSED BY MOLE DITCH OR DRAIN, &G.— The plaintiffs are the landlord and tenant .of a farm in Jones county; the farm adjoining which is owned and occupied by defendant. The relative natural level of the two farms is such that the surface drainage of defendant’s farm flows down upon that of the plaintiffs. A main slough runs through the latter, close to the boundary line, into 'which a smaller or branch slough, upon defendant’s land, discharges itself. In…
1Opinion of the CourtDillon, J.
The questions presented in this case are, in this State, now for the first time to be judicially determined. They are questions of no ordinary interest to the jurist, and of no ordinary importance to the citizen and property owner. In adjudicating them we must duly regard, on the one hand, the just rights of property, and on the other the just demands of agriculture and the improvement of land for farming and agricultural purposes. There is no statute in this State, as there is in- some others, defining or regulating the rights of adjacant owners in respect to ditches or drainage. French v.…
2Cases cited14 opinions
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Roath v. DriscollSupreme Court of Connecticut · 1850
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Bellows v. SackettNew York Supreme Court · 1853
- Harwood v. Benton & JonesSupreme Court of Vermont · 1860
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3Cited by89 opinions
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- Miller v. LetzerichTexas Supreme Court · 1932
- Vannest v. FlemingSupreme Court of Iowa · 1890
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
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