Mills County v. Hammack

The facts in this case are not in serious dis-. pute. The record discloses that, for many years prior to April 23, 1919, the defendant maintained a 70-foot mill dam across the Nishnabotna River, in Mills County, Iowa. A' county road crosses said stream about 200 feet below and south of the dam, and at this point the county maintained a highway bridge. About 350 feet south of this bridge, the Wabash Railroad Company owns and maintains a steel span bridge across the river, on its line of railroad from Omaha to St. Louis. The natural channel of the Nishnabotna, for a long time prior to 1919, was…