Wm. Tackaberry Co. v. Sioux City Service Co.
Supreme Court of Iowa
Appeal from, Woodbury District Court. — Hon. John F. Oliver, Judge. This is 'an action for damages against eighteen, ¡defendants for unlawfully obstructing a stream, and thereby causing plaintiff’s premises to be flooded to his injury.
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Appeal from, Woodbury District Court. — Hon. John F. Oliver, Judge. This is 'an action for damages against eighteen, ¡defendants for unlawfully obstructing a stream, and thereby causing plaintiff’s premises to be flooded to his injury. Several defendants filed motions, wherein each asked that the alleged cause of action as to him be separated from that charged against the other defendants, on the ground that the plaintiff had improperly joined causes of action, and 'had improperly joined such moving party as a joint defendant with the other defendants. These motions were sustained, and the…
1Opinion of the CourtEvans, J.
The petition is lengthy, and we will not set it out verbatim. The following statement from appellant’s argument is a sufficient abstract thereof:
The action is one at law, brought by the plaintiff to recover damages sustained by it on account of -the flooding of the basement of its wholesale house, filled with perishable goods, the flood water coming from Perry creek, which it is alleged, overflowed its banks because of obstructions placed in it by the defendants. The plaintiff alleges in its petition that Perry creek is a natural water course, which *360has its source 'a considerable distance…
2Cases cited46 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Consolidated Ice Machine Co. v. KeiferIllinois Supreme Court · 1890
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Cuddy v. HornMichigan Supreme Court · 1881
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3Cited by15 opinions
- Hall v. EI Du Pont De Nemours & Co., Inc.District Court, E.D. New York · 1972
- Kennedy v. Union Electric Co.Supreme Court of Missouri · 1948
- McDonald v. RobinsonSupreme Court of Iowa · 1928
- California Orange Co. v. Riverside Portland Cement Co.California Court of Appeal · 1920
- Dickson v. YatesSupreme Court of Iowa · 1921
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