Schrope v. Trustees of Pioneer Township
Supreme Court of Iowa
Appeal from Cedar District Court. — TIon. William G. Thompson, Judge. The plaintiff’s land is north, and that of defendant Baughman south, of a public highway. The road had been graded somewhat, and a tile culvert put in for the passage of water. It is claimed that surface water gathers in a pond on defendants’ land, and runs through the culvert on that of plaintiff to his damage.
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Appeal from Cedar District Court. — TIon. William G. Thompson, Judge. The plaintiff’s land is north, and that of defendant Baughman south, of a public highway. The road had been graded somewhat, and a tile culvert put in for the passage of water. It is claimed that surface water gathers in a pond on defendants’ land, and runs through the culvert on that of plaintiff to his damage. A writ of injunction restraining the continuance of the culvert, was granted, unless defendants put in a tile drain connecting with that of plaintiff. Defendants appeal.
1Opinion of the CourtLadd, J.
If the culvert in question increased the quantity of water on plaintiff’s land, or threw it thereon in a different manner from what the same would naturally have *114flowed upon it, to his injury, he might have cause to complain. Livingston v. McDonald, 21 Iowa, 174; Willitts v. Railway Co., 88 Iowa, 281, 21 L. R. A. 608; Dorr v. Simerson, 73 Iowa, 89. But there is not a particle of evidence in the record tending to show this. The road is through a depression, and surface water naturally gathered in ponds on both sides, though somewhat deeper on plaintiff’s land, as it is lower than Baughman’s,…
2Cases cited3 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Dorr v. SimersonSupreme Court of Iowa · 1887
- Willitts v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Iowa · 1893
3Cited by6 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- Trigg v. TimmermanWashington Supreme Court · 1916
- Black v. EscherSupreme Court of Iowa · 1919
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