O'Mara v. Jensma
Supreme Court of Iowa
Appeal from Jasper District ' Court. — IIon. Byron W. Preston, Judge. Action for damages, iu which the defendant set up a counterclaim. Judgment was entered for the defendant, from which the plaintiff appeals.
1Opinion of the CourtLadd, J.
The plaintiff owned the N. % of S. W. % of section 12, and the defendant. the N. % of S. E. % of the same section. There was a depression or a swale through the plaintiff’s land and on through that of the defendant to the southeast. Previous to the defendant’s acquisition of the land, a ditch had been excavated in the plaintiff’s land through that of defendant which appears to ■ have carried the water off. Prior to that ■a ditch had been dug under the fence about two rods north *299by tbe plaintiff and the then owner of defendant’s land, Lavelleur. This, according to Lavelleur, was filled up when…
2Cases cited3 opinions
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Bowen v. HixonSupreme Court of Missouri · 1870
- Pohlman v. Chicago, Milwaukee & St. Paul Co.Supreme Court of Iowa · 1906
3Cited by4 opinions
- Shuttlefield v. NeilSupreme Court of Iowa · 1914
- Hatcher v. FarberSupreme Court of Iowa · 1917
- James v. FairallSupreme Court of Iowa · 1914
- Forest View Land Co. v. Atlantic Coast Line RailroadSupreme Court of Virginia · 1917