Dorr v. Simerson
Supreme Court of Iowa
Appeal from, Wright District Court. The plaintiff and the defendant are owners of adjoining farms. The plaintiff seeks in this action to recover damages of the defendant for making certain ditches upon his (defendant’s) land, whereby the water from certain ponds was discharged upon the plaintiff’s farm, to bis injury. He also demands that the plaintiff be enjoined from continuing to collect water by ditches, and running the same upon plaintiff’s land.
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Appeal from, Wright District Court. The plaintiff and the defendant are owners of adjoining farms. The plaintiff seeks in this action to recover damages of the defendant for making certain ditches upon his (defendant’s) land, whereby the water from certain ponds was discharged upon the plaintiff’s farm, to bis injury. He also demands that the plaintiff be enjoined from continuing to collect water by ditches, and running the same upon plaintiff’s land. The defendant, in his answer, denied the allegations of the petition. There was a trial by jury and a verdict and judgment for the defendant.…
1Opinion of the CourtRotiirook, J.
i. surface-diversion by ditches: no damage to owner oí land below. I. By the finding of the jury, and the judgment of the court thereon, it was determined that the acts of the defendant were no injury to the land of the plaintiff. This disposition of the case, so far as ..... the abstract question is involved, was fully war-x J ranted by the evidence. It appeared that the defendant did not, by the ditches he made, collect the water from the ponds on his land, and cause it to be discharged in a different place-on the plaintiff’s laud from where the overflow from the ponds and the natural…
2Cases cited2 opinions
- Fitzgerald v. McCartySupreme Court of Iowa · 1881
- Fannon v. RobinsonSupreme Court of Iowa · 1860
3Cited by14 opinions
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Hull v. HarkerSupreme Court of Iowa · 1906
- Keck v. VenghauseSupreme Court of Iowa · 1905
- Holmes v. Calhoun CountySupreme Court of Iowa · 1896
- Mayo v. HalleySupreme Court of Iowa · 1904
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