Estes v. Chicago, Burlington & Quincy Railroad
Supreme Court of Iowa
Appeal from Mills District Court. — Hon. O. D. "Wheeler, Judge. Action at law to recover damages for the negligent constrnction and maintenance of a.railway bridge, causing-the water in a drainage district to overflow the levees of the ditch and to injure and destroy plaintiff’s property.
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Appeal from Mills District Court. — Hon. O. D. "Wheeler, Judge. Action at law to recover damages for the negligent constrnction and maintenance of a.railway bridge, causing-the water in a drainage district to overflow the levees of the ditch and to injure and destroy plaintiff’s property. Defendants’ answer was a general denial, and it also pleaded that the overflow was due to an unprecedented flood; that the ditch was negligently and unskillfully constructed; that it had filled up with dirt and sediment; and that the authorities, instead of cleaning out the ditch, increased the height of the…
1Opinion of the CourtDeemer, J.
The damages, which plaintiff seeks to recover, were due to the same storm as caused the injuries complained of in De Lashmutt v. Railroad Co., 148 Iowa, 556, and the negligence charged is the same as was the gravamen of the charge in that case. De Lashmutt’s land was on the west of the drainage ditch referred to in the opinion cited, while plaintiff’s land is east of the ditch. Aside from the question of proximate cause, the case referred to settles the question as to the sufficiency of the testimony to take the case to the jury upon the issue of defendant’s negligence; and as to its duty and…
2Cases cited11 opinions
- State v. MillmeierSupreme Court of Iowa · 1897
- Rothrock v. City of Cedar RapidsSupreme Court of Iowa · 1905
- Ricker v. DavisSupreme Court of Iowa · 1913
- State v. RainsbargerSupreme Court of Iowa · 1887
- Noe v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kimmel v. Iowa Realty Co., Inc.Supreme Court of Iowa · 1983
- Grace v. Union Electric Co.Missouri Court of Appeals · 1947
- Durant Elevator Co. v. S. J. Hoffman & SonsSupreme Court of Iowa · 1966
- Dakota, Minnesota & Eastern Railroad D/B/A Canadian Pacific v. Iowa District Court for Louisa CountySupreme Court of Iowa · 2017
- Pleak v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1921
1 more not listed; retrieve them via the Exa API.