Sheker v. Machovec
Supreme Court of Iowa
Appeal from Webster District Court. — How. J. R. Whitaker, Judge. ActioN to recover damages for the overflowing of plaintiff’s land by water alleged to have been discharged thereon from a tile drain on defendant’s land. There was a verdict for the plaintiff, and from a judgment thereon defendant appeals.
1Opinion of the CourtMcClain, J.
1. Direction of verdict: new trial. There was a controversy under the evidence as to whéther defendant’s tile drain through which water was cast on plaintiff’s land was so constructed as to drain defendant’s land “ in the general course of natural drainage discharging the water into a natural water course or natural depression by which the water would be carried to some natural water course,” as authorized by chapter 70, Acts 30th, General Assembly (Code Supp. 1907, section 1989a5S), and the court instructed the jury that if the drain of which plaintiff complained was so constructed on…
2Cases cited6 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Hull v. HarkerSupreme Court of Iowa · 1906
- Schofield v. CooperSupreme Court of Iowa · 1905
- Everett v. ChristopherSupreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- Black v. EscherSupreme Court of Iowa · 1919
- Parizek v. HinekSupreme Court of Iowa · 1909
- Martin v. SchwertleySupreme Court of Iowa · 1912
- Cundiff v. KopseikerSupreme Court of Iowa · 1953
9 more not listed; retrieve them via the Exa API.