Watson v. Van Meter
Supreme Court of Iowa
. Afjpeal from Dallas District Cov/rt. The plaintiff, Ellen Watson, is the owner of certain land on Eaccoon river, in tbe county of Dallas. The defendant, J. E. Yan Meter, about April 23d, 1870, or prior thereto, erected a mill dam on said river below said land, whereby the river as it flows through said land was raised in low water, but not when the water was at its highest stage.
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. Afjpeal from Dallas District Cov/rt. The plaintiff, Ellen Watson, is the owner of certain land on Eaccoon river, in tbe county of Dallas. The defendant, J. E. Yan Meter, about April 23d, 1870, or prior thereto, erected a mill dam on said river below said land, whereby the river as it flows through said land was raised in low water, but not when the water was at its highest stage. The plaintiff claims that, at certain stages of water, a portion of her land is overflowed by reason of the dam. This the defendant denies. .Further facts will appear in the opinion. Yerdict for the defendant.…
1Opinion of the CourtAdams, J.
I. Evidence was introduced showing that, during the progress of the trial, the river rose suddenly about three feet. The plaintiff offered to show that a portion of the land was covered by that rise, to which the defendant objected and the objection was sustained. The appellant claims that the testimony was admissible.
This testimony was offered by plaintiff by way of rebuttal. It is claimed by her that the defendant introduced ¡evidence to show that on the day previous to'the rise, the banks along her land were everywhere more than three feet higher than the water. She contends that proof…
2Cases cited2 opinions
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3Cited by21 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Rowley v. JewettSupreme Court of Iowa · 1881
- Crawford v. BergenSupreme Court of Iowa · 1894
- Hecht v. HarrisonWyoming Supreme Court · 1895
- McIntosh v. LeeSupreme Court of Iowa · 1881
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