Houghtaling v. Chicago Great Western Railway Co.
Supreme Court of Iowa
Appeal from Black Hawk District Court. — Hon. F. 0. Platt, Judge. Action to recover damages to plaintiff’s property from ■flooding by water which was backed up in a stream by reason of the insufficiency of a culvert built by defendant over the stream in the construction of its railroad. Yerdict and judgment for plaintiff. Defendant appeals. —
1Opinion of the Court
McClain, J. —
1 *5422 *541The duty of the railroad company in •constructing its road when it crosses a stream is to provide a passageway for the water reasonably sufficient to allow it to flow through without being backed up so as to cause damage to property. Sullens v. Railway Co., 74 Iowa, 659; Willitts v. Railway Co., 88 Iowa, 281; Noe v. Railway Co., 76 Iowa, 360. It is not bound to provide for unprecedented floods, but must anticipate and make provision for such floods as may occur in the «ordinary course of nature. It must foresee and provide *542for unusual storms, such as occasionally occur,…
2Cases cited14 opinions
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
- State v. HathawaySupreme Court of Iowa · 1896
- Tubbs v. GarrisonSupreme Court of Iowa · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Soules v. Northern Pacific Railway Co.North Dakota Supreme Court · 1916
- Keck v. VenghauseSupreme Court of Iowa · 1905
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Hunt v. SmithSupreme Court of Iowa · 1947
- Farley v. Spring Garden Insurance Co.Wisconsin Supreme Court · 1912
12 more not listed; retrieve them via the Exa API.