Legal Opinion

Durst v. Puffett

Supreme Court of Iowa

Decided June 19, 1917PublishedCited by 3 opinions

Appeal from Woodbury District Court. — J. W. Anderson, Judge. Action to enjoin the obstruction of a natural watercourse, and the diverting of the natural flow of the water in its natural channel, to the prejudice of the plaintiff. Decree for the plaintiff in the court below. Defendant appeals.

1Opinion of the CourtGaynor, C. J.

wÍmbcoübsbs : .?¿nct!ouV ov?-’ cIghcg This action is to enjoin the defendant from maintaining an obstruction in what is claimed to be a creek or natural watercourse, whereby the natural flow of the water in the creek is interrupted and the waters diverted from their natural course, to the prejudice of the plaintiff. •

The plaintiff’s and the defendant’s land joins. Plaintiff’s land is on the west. They are divided by a fence running north and south, about one-half mile in length. The plaintiff’s land is in Section 18 and in the west half of Section 17. The dividing fence runs through the…

2Cases cited4 opinions

  1. Falcon v. BoyerSupreme Court of Iowa · 1913
  2. Jontz v. NorthupSupreme Court of Iowa · 1912
  3. Pascal v. DonahueSupreme Court of Iowa · 1915
  4. Bramley v. JordanSupreme Court of Iowa · 1911

3Cited by3 opinions

  1. Hunt v. SmithSupreme Court of Iowa · 1947
  2. Conklin v. City of Des MoinesSupreme Court of Iowa · 1918
  3. Cresap v. LivingstonSupreme Court of Iowa · 1921

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