McCord v. High
Supreme Court of Iowa
Appeal from Black Hawk District Court. The petition of plaintiff shows, that he is the owner certain lands in Black Hawk county, through which a certain stream of water called Spring creek flows; the stream, in its natural channel, meanders through plaintiff’s land and flows off it near where it enters thereon; that a public highway crosses the stream at its entrance upon plaintiff’s land ; that defendant, acting as road supervisor, “willfully and maliciously intending to…
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Appeal from Black Hawk District Court. The petition of plaintiff shows, that he is the owner certain lands in Black Hawk county, through which a certain stream of water called Spring creek flows; the stream, in its natural channel, meanders through plaintiff’s land and flows off it near where it enters thereon; that a public highway crosses the stream at its entrance upon plaintiff’s land ; that defendant, acting as road supervisor, “willfully and maliciously intending to injure the property of plaintiff,” erected across said creek, in said highway, a certain obstruction whereby a great…
1Opinion of the CourtBeck, J.
1. water-division: pubiic use. The owner of land over which a stream of water flows has a right thereto without diversion, interruption or diminution of that element so indispensable to life, both animal and vegetaan(j so useful as a propelling power for machinery. The law recognizes a water-course as a subject of property, and guards the lights of owners thereof with the same care that it extends to all other things that are the subjects of exclusive ownership. The right which the owner of lands has to a water-course flowing over them is in the nature of a freehold right, and it cannot be…
2Cases cited8 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Panton v. HollandNew York Supreme Court · 1819
- Ex parte JenningsNew York Supreme Court · 1826
- People v. PlattNew York Supreme Court · 1819
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Richter v. HarperMichigan Supreme Court · 1893
- Gould v. SchermerSupreme Court of Iowa · 1897
- Adams v. SchneiderIndiana Court of Appeals · 1919
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Lowe v. ConroyWisconsin Supreme Court · 1904
24 more not listed; retrieve them via the Exa API.