Drake v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Van Burén District Court. This cause was before tbe court at a former term, and will be found reported in 68 Iowa, 302, to which reference is made as to the grounds upon which a recovery is asked. Trial by jury. Judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtSeevebs, J.
I. ' We understand the cause of action stated in the petition to be one where a recovery is sought upon 1. plicading: of'petition^ countefin-* stauctious. the ' ground that the defendant failed, as was ° ' its duty, to construct and keep in repair suffi-c^en* an(l suitable drains, ditches and culverts, an(j thereby, and because of the roadway or embankment, surface water accumulated, and was thrown back on plaintiff’s premises, whereby he was greatly damaged. The petition, we understand, states two distinct grounds of recovery: The first, that no sufficient ditches and drains were…
2Cases cited12 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Taylor v. FickasIndiana Supreme Court · 1878
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
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3Cited by17 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Cooley v. KillingsworthSupreme Court of Iowa · 1930
- Hunt v. Iowa Central Railway Co.Supreme Court of Iowa · 1892
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
12 more not listed; retrieve them via the Exa API.