Legal Opinion

Burnham v. Thompson

Supreme Court of Iowa

Decided December 13, 1872PublishedCited by 5 opinions

Appeal from, Fayette District Oou/rt. This is an ad quod damnum proceeding instituted by plaintiff under cbap. 54, art. 4 of the Bevision, to assess the damages sustained by defendant by reason of a mill-dam erected by plaintiff, which causes overflow of water upon defendant’s lands. Upon the return of the inquisition to the district court, wherein damages were assessed in favor of defendant, he moved to set aside the verdict of the jury and quash the writ.

Read the full summary

Appeal from, Fayette District Oou/rt. This is an ad quod damnum proceeding instituted by plaintiff under cbap. 54, art. 4 of the Bevision, to assess the damages sustained by defendant by reason of a mill-dam erected by plaintiff, which causes overflow of water upon defendant’s lands. Upon the return of the inquisition to the district court, wherein damages were assessed in favor of defendant, he moved to set aside the verdict of the jury and quash the writ. The motion was overruled and exceptions thereto taken. The cause was thereupon continued. From the order of the court overruling…

1Opinion of the Court

Beok, Ch. J.

x appealhomorderon This appeal is taken from the order of the court overruling defendant’s motion to set aside the verím’.y an<^ <ruasfr the writ of ad quod dmrmum. No judgment was rendered upon the verdict, but, after the action complained of, the cause was continuéd. The motion was based upon numerous grounds, of which but five are relied upon and presented for our consideration upon *423this appeal. They are as follows: 1. The statute under which the proceedings were had is unconstitutional; 2. It has no application to dams erected without license since its enactment; 3. The jury…

2Cases cited2 opinions

  1. Richards v. BurdenSupreme Court of Iowa · 1871
  2. Forney & Thayer v. Ralls & WillitsSupreme Court of Iowa · 1870

3Cited by5 opinions

  1. Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
  2. Brown v. CooperSupreme Court of Iowa · 1896
  3. Curran v. Excelsior Coal Co.Supreme Court of Iowa · 1884
  4. Sexauer v. Star Milling Co.Indiana Supreme Court · 1910
  5. Hagerla v. Mississippi River Power Co.District Court, S.D. Iowa · 1913

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API