Brous v. Wabash Railroad
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. Action at law to recover damages for injuries to land alleged to have been occasioned by the diversion of flood " waters upon the premises of the plaintiff. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtWeaver, C. J.
As near as the issues may be extracted from the confusion of pleadings, amendments, and substitutes with which the record is burdened, they are as follows: Plaintiff alleges that in the year 1881 the defendant company constructed its right of way over land belonging to herself and other tenants in common who have assigned to her their rights and claims in the premises; that at the time of such construction there was a stream known as Brous creek running diagonally across the roadbed; that defendant then and there diverted the creek from its natural channel, and made the same to run parallel…
2Cases cited3 opinions
- Blunck v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Tretter v. Chicago Great Western Ry. Co.Supreme Court of Iowa · 1910
- Willitts v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Iowa · 1893
3Cited by7 opinions
- Whitaker v. EarnhardtSupreme Court of North Carolina · 1976
- Eppling v. SeuntjensSupreme Court of Iowa · 1962
- Shannon v. Missouri Valley Limestone CompanySupreme Court of Iowa · 1963
- Stockdale v. Agrico Chemical Co., Div. of Con. Oil Co.District Court, N.D. Iowa · 1972
- Witthauer v. City of Council BluffsSupreme Court of Iowa · 1965
2 more not listed; retrieve them via the Exa API.