Stodghill v. C., B. & Q. R.
Supreme Court of Iowa
Appeal from Wapello Circuit Court. Christopher Stodgiiill was the owner of a farm of some four hundred and eighty acres in Wapello county. Part of said farm consisted of a tract of twenty-nine acres of creek or pasture land. The defendant’s right of way for its railroad was located along the north line of said tract.
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Appeal from Wapello Circuit Court. Christopher Stodgiiill was the owner of a farm of some four hundred and eighty acres in Wapello county. Part of said farm consisted of a tract of twenty-nine acres of creek or pasture land. The defendant’s right of way for its railroad was located along the north line of said tract. The natural channel of North Avery Creek ran across the right of way upon said tract, meandered through it, and recrossed the north line of the land, and the right of way. When the railroad was constructed, bridges were built across the creek which spanned the channel, and did…
1Opinion of the CourtEothrook, J.
damages-jury f“ooov-’ ery for. I. \ When the earth was deposited in the channel of the creek and raised to a sufficient height to cover over bhe bridge and make a solid embankment up031 which to lay the railroad track, the water in the creek was at once turned into the new channel. The principal question in the ease is whether the judgment for damages in favor of Christopher Stodgliill was a. full adjudication for all injuries to the land, not only up to the commencement of that suit, but for all that might thereafter arise.
In Powers v. Council Bluffs, 15 Iowa, 652, the question being as to…
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