Miller v. Hester
Supreme Court of Iowa
Appeal from, Jones District Court. — Hon. F. 0. Ellison, Judge. Action to enjoin the defendant from maintaining tiling on his land, the effect of which was to gather surface water from defendant’s land into a swale or depression thereon, from which it passed onto plaintiff’s land to the plaintiff’s injury.
1Opinion of the CourtGaynor, J.
Plaintiff and defendant own land, in the same section. Plaintiff’s land is immediately east of the middle line of the section, and defendant’s land immediately west; the half section line being common to both tracts. Defendant’s land is in the southwest quarter, and plaintiff’s land in the southeast quarter. The center of the section is common to both tracts. A swale, or slough, or draw, runs through the defendant’s land in an easterly direction, crossing the boundary line between plaintiff’s and defendant’s land, and extending into plaintiff’s land a distance variously estimated by the…
2Cases cited6 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Hull v. HarkerSupreme Court of Iowa · 1906
- Dayton v. Drainage CommissionersIllinois Supreme Court · 1889
- Obe v. PattatSupreme Court of Iowa · 1911
- Jontz v. NorthupSupreme Court of Iowa · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pendergrast v. AikenSupreme Court of North Carolina · 1977
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- Hunt v. SmithSupreme Court of Iowa · 1947
- Conklin v. City of Des MoinesSupreme Court of Iowa · 1918
- Pascal v. DonahueSupreme Court of Iowa · 1915
7 more not listed; retrieve them via the Exa API.