Steenburg v. Milford Water Power Improvement Co.
Supreme Court of Iowa
Appeal from Olay Circuit Gowrt. The petition states that the plaintiff is owner of a certain described piece of real estate, which lies contiguous to, and is bounded on the west by, Okoboji Lake, and that the defendant has erected a dam across the outlet of the lake, which has caused the water to rise and remain many feet above the natural level, thereby causing the banks of the lake to overflow, whereby his real estate has been greatly injured.
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Appeal from Olay Circuit Gowrt. The petition states that the plaintiff is owner of a certain described piece of real estate, which lies contiguous to, and is bounded on the west by, Okoboji Lake, and that the defendant has erected a dam across the outlet of the lake, which has caused the water to rise and remain many feet above the natural level, thereby causing the banks of the lake to overflow, whereby his real estate has been greatly injured. The relief asked is, that the plaintiff recover a judgment for the damages thus caused, and that said dam be ordered torn down and abated. The „…
1Opinion of the CourtSeevers, J.
1. finding of evidence0” ' appeal. The evidence shows that there is a large extent of country which is drained into several lakes, which are connected together by either natural or artifical outlets and inlets. 'These lakes are known as Spirit, East and West Okoboji, and Upper, Middle and Lower Gar. Resides these, there is Loon Lake, and several others in Minnesota, which, in time of high water, have outlets into Spirit Lake. East and West Okoboji and the three Gar Lakes are practically on the same level. The plaintiff’s premises were damaged in 1879 and 1881; and the evidence is such that it…
2Cited by1 opinion
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