Decorah Woolen Mill Co. v. Greer
Supreme Court of Iowa
Appeal from Winneshiek District Cowrt. The plaintiff is the owner of a woolen mill upon the Upper Iowa river at the city of Deeorah. The motive power of the mill is furnished by the river. East of and below the mill the defendants Greer and Hunter have erected a dam across the river, and the back flowage of the water caused by the erection of the dam has impaired the water-power heretofore enjoyed by the plaintiff.
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Appeal from Winneshiek District Cowrt. The plaintiff is the owner of a woolen mill upon the Upper Iowa river at the city of Deeorah. The motive power of the mill is furnished by the river. East of and below the mill the defendants Greer and Hunter have erected a dam across the river, and the back flowage of the water caused by the erection of the dam has impaired the water-power heretofore enjoyed by the plaintiff. From the plaintiff’s wheel-pit the water is taken by a race and is carried into a creek called Spring Branch, which flows into the river. The creek has been widened and deepened,…
1Opinion of the Court
Adams, I.
a. easement conveyance, I. The plaintiff’s mill is erected upon the south side of the river, and is on the north-west quarter of : ^16 south-east quarter of section 16. The water taken from the plaintiff’s wheel-pit is returned to the river upon the south-east quarter of the north-east quarter of the same section. The latter tract was formerly owned by one William Day. Not far from the mouth of Spring Branch, and between it and the river, and extending from one *492to the other, is a small tract known as the Kennedy tract, This tract is carved out of the south-east quarter of the…
2Cases cited7 opinions
- Karmuller v. KrotzSupreme Court of Iowa · 1865
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
- Cook v. C., B. & Q. R. Co.Supreme Court of Iowa · 1875
- Millett v. ParkerCourt of Appeals of Kentucky · 1859
- Perrin v. GarfieldSupreme Court of Vermont · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Willis v. City of PerrySupreme Court of Iowa · 1894
- Hatton v. CaleSupreme Court of Iowa · 1911
- Teachout v. Capital Lodge of the Independent Order of Odd-fellowsSupreme Court of Iowa · 1905
- Gibson v. FischerSupreme Court of Iowa · 1885
- Robinson v. LutherSupreme Court of Iowa · 1909
4 more not listed; retrieve them via the Exa API.