Pleak v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Thomas ARTHUR, Judge. Action in equity to enjoin the maintenance of a railway embankment across plaintiff’s lands, causing surface water to accumulate, and for damages to growing crops. The injunction prayed for was denied, and the plaintiff was awarded damages, and from such award the defendant appeals. —
1Opinion of the CourtFaville, J.
x' ?íght™A”v¿y: bridges for drainage. I. The appellant owns or controls the southwest quarter and the north half of the northwest quarter of Section 24, and the north half of the southeast quarter of Section 23, in Township 77, Range 40, Pottawat-tamie County, Iowa. The right of way of the appellant railway company passes through a portion of the lands of the appellee, its general *1019course being northeast and southwest. The Nishnabotna River flows in an artificial channel, which passes north and south along the half-section line of Section 23 to' the center of said section, when it diverges to…
2Cases cited9 opinions
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Simpson v. City of KeokukSupreme Court of Iowa · 1872
- Houghtaling v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1902
- Van Orsdol v. B., C. R. & N. R.Supreme Court of Iowa · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Farmers Drainage District v. Chicago, Milwaukee, St. Paul & Pacific RailroadDistrict Court, N.D. Iowa · 1963