Dashner v. Mills County
Supreme Court of Iowa
Appeal from Mills District, Court. — Hon. N. W. Macy, Judge. Action to recover damages to crops by being overflowed in consequence of the negligent construction and abandonment of a certain ditch by the defendant county. The defendant demurred to the petition, and the demurrer being sustained, and the plaintiff electing to stand upon his petition, judgment was entered against him, from which he appeals.
1Opinion of the CourtGiven, J.
The plaintiff, for his cause of action, alleges that he is the owner of certain lands situated in Mills county; that some years ago the defendant-county constructed a ditch across or adjoining said lands; that said ditch was negligently constructed, has been abandoned, and is a nuisance; that in two actions in'the district court wherein the defendant county was a party, said ditch was adjudged to be a nuisance, and the defendant ordered to abate the same by repairing *402and reconstructing, which, the defendant has wholly failed to do; that by reason of such neglect and refusal said ditch, in the…
2Cases cited4 opinions
- Kincaid v. Hardin CountySupreme Court of Iowa · 1880
- Green v. Harrison CountySupreme Court of Iowa · 1883
- Mills County Nat. Bank v. Mills CountySupreme Court of Iowa · 1885
- Nutt v. Mills CountySupreme Court of Iowa · 1883
3Cited by8 opinions
- Shirkey v. Keokuk CountySupreme Court of Iowa · 1937
- Gibson v. Sioux CountySupreme Court of Iowa · 1918
- Wenck v. Carroll CountySupreme Court of Iowa · 1908
- Larsen v. Independent School DistrictSupreme Court of Iowa · 1937
- Ft. Madison Water Co. v. City of Ft. MadisonU.S. Circuit Court for the Southern District of Iowa · 1900
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