Babcock v. Mississippi River Power Co.

KERNER, Circuit Judge.

This was an action brought by Edward Babcock against the Mississippi River’ Power Company to recover damages growing out of the erection of a dam in 1913 across the Mississippi River at Keokuk, Iowa, by which the waters of the river were raised and held at the increased height. There was no claim that the dam was unlawfully built, it having been built under authority of an Act of Congress requiring the company to compensate all persons whose lands might be overflowed or otherwise damaged.

The suit was commenced on September 25, 1930 and was tried to a jury on a…