Steber v. Chicago, Great Western Railway Co.
Supreme Court of Iowa
Appeal from Calhoun District Court.— HoN. Z. A. Church, Judge. Suit in equity to enjoin a nuisance caused, as is alleged, by tbe negligent construction of a railway embankment, whereby plaintiff’s land was flooded. Damages were also claimed for injuries done the land. By an amendment to the petition plaintiffs sought to have their right to an under crossing through defendants’ right of way adjudicated.
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Appeal from Calhoun District Court.— HoN. Z. A. Church, Judge. Suit in equity to enjoin a nuisance caused, as is alleged, by tbe negligent construction of a railway embankment, whereby plaintiff’s land was flooded. Damages were also claimed for injuries done the land. By an amendment to the petition plaintiffs sought to have their right to an under crossing through defendants’ right of way adjudicated. The damages originally’ claimed were for the years 1903, 1904, and 1905, and by supplemental petition damages for the year 1906 were also asked. Defendants answered by general denial, and also…
1Opinion of the Court
DebMER, J.—
Plaintiff Steber is the owner of one hundred and seventy acres of land in Calhoun county, Iowa, through which runs defendants’ railway. Warbis was Steber’s tenant, occupying the lands from March 1, 1908, to March 1, 1907. It is claimed that defendants so negligently constructed their roadbed over and through plaintiff’s land and along its right of way as to dam the water which naturally flowed from one side of the right of way to the other, as to constitute a nuisance; that both Steber and Warbis were damaged by the overflow of the lands, and that they will continue to suffer in…
2Cases cited9 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Hull v. HarkerSupreme Court of Iowa · 1906
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3Cited by4 opinions
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- Longstreet v. Town of SharonSupreme Court of Iowa · 1925
- Conklin v. City of Des MoinesSupreme Court of Iowa · 1918
- Valentine v. WidmanSupreme Court of Iowa · 1912