Martin v. Schwertley
Supreme Court of Iowa
Appeal from Harrison District Court. — IIon. E. B. Wood-burr, Judge. Action to recover damages for the alleged wrongful act of defendants in cutting openings through a highway, embankment, thus permitting surface water to flow upon and across the plaintiff’s land, with the result that his growing crops were seriously injured! There was a verdict for plaintiff in the sum of $625.27, and from a judgment on this verdict the defendants appeal.
1Opinion of the CourtMcClain, C. J.
During the summer of 1909, the plaintiff was in possession as tenant of a farm of one hundred and sixty acres situated in Harrison county, and had growing on such farm crops of wheat and corn. On the north side of this farm is a highway, and the natural course of the surface water is from higher ground to the north across such highway and upon and' over the land occupied by plaintiff. There is evidence tending to show that prior *349to the fall of 1908 the surface water from the north crossed the highway through culverts at different places, and flowed in the natural course of drainage across the…
2Cases cited8 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Hull v. HarkerSupreme Court of Iowa · 1906
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Sheker v. MachovecSupreme Court of Iowa · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Martin v. JaekelSupreme Court of Iowa · 1971
- Board of Drainage Com'rs v. Board of Drainage Com'rsMississippi Supreme Court · 1922
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- Stouder v. DashnerSupreme Court of Iowa · 1951
- Conklin v. City of Des MoinesSupreme Court of Iowa · 1918
6 more not listed; retrieve them via the Exa API.