Legal Opinion

Conklin v. City of Des Moines

Supreme Court of Iowa

Decided September 30, 1918PublishedCited by 9 opinions

Appeal from Polk District Court. — W. S. Ayres, Judge. Action for damages on account of the flooding of plaintiff’s land. Judgment in favor of defendant for costs upon a directed verdict in its favor was entered in the court below.

1Per curiam

1. Waters and watercourses: diverting water from natural drainage. Plaintiff is the owner of a 44-acre tract of land, located south of the Rock Island railroad tracks and east of Thirtieth Street in the city of Des Moines, which is used for agricultural purposes. Considerable land lying northwest thereof was formerly low and subject to overflow. In pgpy or 1878, the owners of this low land, including plaintiff, for the purpose of draining the same, by joint contribution constructed an open ditch from a point near the railroad, southeast a distance of several miles, intersecting with Four Mile…

2Cases cited23 opinions

  1. Zinser v. Board of SupervisorsSupreme Court of Iowa · 1907
  2. Bennett v. Incorporated Town of Mount VernonSupreme Court of Iowa · 1904
  3. Hollenbeck v. City of MarionSupreme Court of Iowa · 1902
  4. City of Ottumwa v. NicholsonSupreme Court of Iowa · 1913
  5. Obe v. PattatSupreme Court of Iowa · 1911

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3Cited by9 opinions

  1. Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
  2. City of Harrisonville, Mo. v. WS Dickey Clay Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
  3. Wesley v. City of WaterlooSupreme Court of Iowa · 1943
  4. Beers v. Incorporated Town of Gilmore CitySupreme Court of Iowa · 1924
  5. Anton v. StankeSupreme Court of Iowa · 1933

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