Morris v. City of Council Bluffs
Supreme Court of Iowa
Appeal .from Pottawattamie Cwouit Court. Action to recover for an injury alleged to have been sustained by the overflow of water, caused by the raising of certain streets without providing sufficient means for the escape of the water. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
The plaintiff owns and resides upon a certain lot in the city of Council Bluffs. The injury complained of was caused by the overflow of such lot. The jflaintiff purchased and built upon the lot many years ago. It was on what might be called low ground, but it was a little higher than most of the land about it, which was generally not very far from level, and no great injury appears to have been suffered from' the overflow of water until the injuries complained of, which occurred in 1883 and 1884. During these years there were some very large rainfalls. A stream called' “Indian Creek,” which…
2Cases cited3 opinions
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Hoard v. City of Des MoinesSupreme Court of Iowa · 1883
- Freburg v. City of DavenportSupreme Court of Iowa · 1884
3Cited by14 opinions
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Keck v. VenghauseSupreme Court of Iowa · 1905
- Kansas City, Memphis & Birmingham Railroad v. SmithMississippi Supreme Court · 1895
- Missouri Pacific Railway Co. v. KeysSupreme Court of Kansas · 1895
- Knostman & Peterson Furniture Co. v. City of DavenportSupreme Court of Iowa · 1896
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