Legal Opinion

Baker v. Incorporated Town of Akron

Supreme Court of Iowa

Decided October 26, 1909PublishedCited by 11 opinions

Appeal from Plymouth District Court. — Hon. Wm. ** Hutoi-iinson,-Judge. Action to recover damages for the flooding of plaintiff’s land by the defendants city and the railway company, and for an injunction to restrain the continuance of the nuisance. The case was tried to the court as in equity, and at the conclusion of plaintiff’s testimony the trial court sustained a motion, directing a decree for the railway company, from which no appeal has been taken.

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Appeal from Plymouth District Court. — Hon. Wm. ** Hutoi-iinson,-Judge. Action to recover damages for the flooding of plaintiff’s land by the defendants city and the railway company, and for an injunction to restrain the continuance of the nuisance. The case was tried to the court as in equity, and at the conclusion of plaintiff’s testimony the trial court sustained a motion, directing a decree for the railway company, from which no appeal has been taken. The case proceeded as against the other defendants, resulting in a decree dismissing plaintiff’s petition, and he appeals.—

1Opinion of the CourtDeemer, J.

The appellees are the town of Akron and its mayor and city council. Plaintiff is the owner of a large tract of bottom land lying south and west of' the limits of the town, and he claims that the town has so graded and guttered its streets as to collect and discharge the surface water falling upon the lots and lands within its limits on to plaintiff’s lands in a manner other and different from the way in which it passed off prior to the time the grading and guttering was done, to his great damage. The defendant denies that it has collected or is discharging the surfacé water from its natural…

2Cases cited15 opinions

  1. Maxmilian v. . MayorNew York Court of Appeals · 1875
  2. Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
  3. Noonan v. . City of AlbanyNew York Court of Appeals · 1880
  4. Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
  5. Livingston v. McDonaldSupreme Court of Iowa · 1866

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3Cited by11 opinions

  1. City of Portsmouth v. WeissSupreme Court of Virginia · 1926
  2. Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
  3. Feldhahn v. Van DeventerSupreme Court of Iowa · 1962
  4. Maben v. OlsonSupreme Court of Iowa · 1919
  5. Martin v. SchwertleySupreme Court of Iowa · 1912

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