Legal Opinion

Kopecky v. Benish

Supreme Court of Iowa

Decided May 5, 1908PublishedCited by 5 opinions

Appeal from Cedar Rapids Superior Court.— Hon. J. H. Rotiirock, Judge. Suit to recover damages for the wrongful discharge of water upon the land of the plaintiff and that of his wife. Verdict and judgment for the plaintiff, from which the defendant appeals.—

1Opinion of the CourtSheewin, J.

The petition alleged that the plaintiff and his wife were the owners of certain land, describing it, and that the defendant owned' certain land which was also definitely described; that theretofore the plaintiff had laid a tile drain across his land and the land' of his wife from and near the point where the natural flow of water from his land entered the land of his wife, and that said drain was sufficient to drain his own land and the land of his wife except in cases of excessive rains; that the defendant constructed ditches through his land which gathered the water and cast it upon the…

2Cases cited3 opinions

  1. Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
  2. Winkler v. MaxwellSupreme Court of Iowa · 1905
  3. Vorhes v. BuchwaldSupreme Court of Iowa · 1907

3Cited by5 opinions

  1. Schultz v. StarrSupreme Court of Iowa · 1917
  2. Gunning v. MullerWashington Supreme Court · 1922
  3. Valentine v. WidmanSupreme Court of Iowa · 1912
  4. Anton v. StankeSupreme Court of Iowa · 1933
  5. Cresap v. LivingstonSupreme Court of Iowa · 1921

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