Maben v. Olson
Supreme Court of Iowa
Appeal from Hancock District Court.- — M. F. Edwards, Judge. On the petition of some of the defendants, the defendant board proposed to construct a drainage improvement. The plaintiffs’ own lands lying on a lower level than the proposed outlet of said improvement, they obtained an injunction restraining the construction of said improvement, and defendants appeal.
1Opinion of the CourtSalinger, J.
1. Waters and WATERCOURSES : natural watercourses: drainage easement.. I. Lime Creek is so located that the water from the district in question naturally drains into the creek, is a natural watercourse, and is what may be deemed an inherent right to drain into such a course. In every natural watercourse there is an easement for the benefit of all land which naturally drains into the same. 142 Iowa 607. Chicago & N. W. R. Co. v. Drainage Dist., The right of drainage along such a course is an easement for the benefit of all land which naturally drains into the same. This right of drainage is a…
2Cases cited38 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Wharton v. StevensSupreme Court of Iowa · 1891
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3Cited by15 opinions
- Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 19Supreme Court of Iowa · 2017
- Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- Fisher v. Dallas CountySupreme Court of Iowa · 1985
- Morrow v. Harrison CountySupreme Court of Iowa · 1954
10 more not listed; retrieve them via the Exa API.