Troe v. Larson
Supreme Court of Iowa
Appeal from Worth District Court. — Hon. John C. Shebwin, Judge. The plaintiff and the defendants are each owners of land abutting on Silver lake in Worth county. In the fall of 1886 the defendants erected across the outlet of said lake, on the land of G-under G-ulson, a dam of wood and earth, and the petition avers that because thereof the natural flow of the water from the lake has been prevented, resulting in the overflow of the plaintiff’s land.
Read the full summary
Appeal from Worth District Court. — Hon. John C. Shebwin, Judge. The plaintiff and the defendants are each owners of land abutting on Silver lake in Worth county. In the fall of 1886 the defendants erected across the outlet of said lake, on the land of G-under G-ulson, a dam of wood and earth, and the petition avers that because thereof the natural flow of the water from the lake has been prevented, resulting in the overflow of the plaintiff’s land. An injunction is asked, restraining the defendants from maintaining a dam at a height to raise the water of the lake above its natural level. The…
1Opinion of the CourtGranger, J.
I. The decree of the district court restrained the defendants from maintaining the dam, 1. Water courses: wrongful construction of dam: equitable belief. and ordered that they should remove the same within sixty days from the entry of the judgment; and the appellants contend the court should not have so ordered, because it was a “past and completed act, and not ground for a preventive or mandatory injunction.”
”We are cited to Cole v. Duke, 79 Ind. 107. The case is a good illustration of the general rule contended for, but is not applicable to the facts of this ease. In that case the action…
2Cases cited2 opinions
- Wangelin v. GoeIllinois Supreme Court · 1869
- Cole v. DukeIndiana Supreme Court · 1881
3Cited by13 opinions
- Falcon v. BoyerSupreme Court of Iowa · 1913
- Black v. EscherSupreme Court of Iowa · 1919
- Hall v. NesterMichigan Supreme Court · 1899
- Holmes v. Calhoun CountySupreme Court of Iowa · 1896
- Hunt v. SmithSupreme Court of Iowa · 1947
8 more not listed; retrieve them via the Exa API.