Creston Waterworks Co. v. McGrath
Supreme Court of Iowa
Appeal from Crestón Superior Court. — Hon. S. R. Davis, Judge. The plaintiff is a corporation organized for the purpose of supplying water to the inhabitants of the city of Crestón.
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Appeal from Crestón Superior Court. — Hon. S. R. Davis, Judge. The plaintiff is a corporation organized for the purpose of supplying water to the inhabitants of the city of Crestón. It seeks by this proceeding to condemn a strip of land thirty feet wide through the defendant’s farm, upon which it proposes to maintain a railroad track from the Chicago, Burlington & Quincy Railroad to its waterworks plant, which is situated about three quarters of a mile. from the main line of the railroad. The works consist of a dam in a stream, a pumping house and appurtenances, and the pipes which convey the…
1Opinion of the CourtRotheock, J.
I. The right by which the plaintiff claims that it has authority to condemn the land is founded upon certain provisions of the Code of this state. They are as follows: After providing that cities shall have power to erect waterworks, or to grant the right to do so to private individuals or incorporated companies, they are also authorized 'to construct, or authorize the construction of, such works without the city limits, “and for the purpose of maintaining and protecting the same from injury, and the water from pollution, their jurisdiction shall extend over the territory occupied by such…
2Cited by8 opinions
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Kinney v. Citizens Water & Light Co.Indiana Supreme Court · 1909
- Browneller v. Natural Gas Pipeline Co. of AmericaSupreme Court of Iowa · 1943
- Porter v. Iowa State Highway CommissionSupreme Court of Iowa · 1950
- Simpson v. Board of SupervisorsSupreme Court of Iowa · 1917
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