Laplant v. City of Marshalltown
Supreme Court of Iowa
Appeal from, Marshall District Court.— Hon. Obed Caswell, Judge. This is an action to restrain defendant from proceeding with an ad quod damnum action wherein defendant city was seeking to condemn certain lands belonging to plaintiff for the protection of its water supply. A temporary writ of injunction was issued as prayed. Thereafter defendants answered, and also filed a motion to dissolve the temporary-writ of injunction.
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Appeal from, Marshall District Court.— Hon. Obed Caswell, Judge. This is an action to restrain defendant from proceeding with an ad quod damnum action wherein defendant city was seeking to condemn certain lands belonging to plaintiff for the protection of its water supply. A temporary writ of injunction was issued as prayed. Thereafter defendants answered, and also filed a motion to dissolve the temporary-writ of injunction. This motion was submitted to the court and sustained, and plaintiff appeals.—
1Opinion of the CourtDeemer, J.
Plaintiff is tlie owner of a tract of land through which runs the Iowa river which is a nonnavigable stream. Upon this land and across the stream is a dam which has been maintained for many years and was originally used for running a grist mill. The city of Marshall-town located its waterworks plant near this dam, and it purchased a lot from the then owner of the dam in order that it might avail itself of the water supply created thereby, and in pursuance thereof erected its pumping station, dug its filter galleries, and constructed other equipment for the purpose of supplying the city with…
2Cases cited15 opinions
- Burlington, Cedar Rapids & Northern Railway Co. v. DeySupreme Court of Iowa · 1891
- City of Dallas v. PeacockTexas Supreme Court · 1895
- Bennett v. City of MarionSupreme Court of Iowa · 1898
- In re GuerreroCalifornia Supreme Court · 1886
- Phillips v. WatsonSupreme Court of Iowa · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Connolly v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1955
- Chicago Great Western Railway Co. v. Iowa Central Railway Co.Supreme Court of Iowa · 1909
- City of Fort Dodge v. Fort Dodge Telephone Co.Supreme Court of Iowa · 1915
- Beers v. Incorporated Town of Gilmore CitySupreme Court of Iowa · 1924
- Davis v. Des Moines & Ft. Dodge R. R.Supreme Court of Iowa · 1912
4 more not listed; retrieve them via the Exa API.