Wharton v. Stevens
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. D. Ryan, Judge. Action in chancery to enjoin the defendant from maintaining a dam or obstruction to the flow of water. erected by Mm across a ditch in a swale' leading from the plaintiff’s land through that of the defendant. Upon a trial on the merits "there was a decree granting the relief sought in the plaintiff’s petition. The defendant appeals.
Read the full summary
Appeal from Mahaska District Court. — Hon. D. Ryan, Judge. Action in chancery to enjoin the defendant from maintaining a dam or obstruction to the flow of water. erected by Mm across a ditch in a swale' leading from the plaintiff’s land through that of the defendant. Upon a trial on the merits "there was a decree granting the relief sought in the plaintiff’s petition. The defendant appeals. The filling up of the lower land will not render the owner liable to the owner of the upper land, although the filling should stop the flow of mere surface water. Goodale v. Tuttle, 29 N. Y. 467-,…
1Opinion of the Court
Beck, 0. J.
I. The facts of the case, as shown by the undisputed evidence or a satisfactory preponderance thereof, are not at all intricate, and, briefly stated, are as follows: The farms of the parties join. A swale, having branches upon the plaintiff’s-farm, extends into and through the defendant’s farm. The rain and snow water collected on the plaintiff’s land by the natural depression flows in the swale across the defendant’s land, finding its discharge in a creek or brook beyond. There are no springs upon the plaintiff’s land. The breadth of land which these swales drain is shown to be…
2Cases cited14 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Taylor v. FickasIndiana Supreme Court · 1878
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Gillham v. Madison County RailroadIllinois Supreme Court · 1869
9 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Pifer v. BrownWest Virginia Supreme Court · 1897
- Cairo, V. & C. Ry. Co. v. BrevoortU.S. Circuit Court for the District of Indiana · 1894
- Hull v. HarkerSupreme Court of Iowa · 1906
- Roe v. Howard CountyNebraska Supreme Court · 1906
36 more not listed; retrieve them via the Exa API.