McCoy v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Momroe District Court. — C. W. Vermilion, Judge. Action to recover damages for the alleged wrongful interference by the defendant with plaintiff’s access to the water of a certain pond or reservoir, used by him for watering stock. The facts are fully stated in the opinion. See, also, McCoy v. Chicago, Milwaukee & St. Paul R. Co., 176 Iowa 139. A jury was waived, and the cause tried to the court, resulting in a judgment for plaintiff for $600. Defendant appeals.
1Opinion of the CourtStevens, J.
I. A decree and judgment was entered on June 3, 1913, by the district court of Monroe County, in a suit brought by plaintiff to enjoin the defendant from fencing a *449certain pond or reservoir located upon land purchased by it for that purpose from a former owner of a 185-aere farm now owned by plaintiff, restraining the defendant from maintaining a fence about said reservoir, so as to deprive plaintiff of access thereto, and awarding him damages in the sum of $500. The deed conveying to the defendant the small tract on which the pond or reservoir is situated, contained the following provision:
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2Cases cited2 opinions
- McCoy v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1916
- Haddick v. District CourtSupreme Court of Iowa · 1914
3Cited by1 opinion
- Scheffers v. ScheffersSupreme Court of Iowa · 1950