Dorr v. Simmerson
Supreme Court of Iowa
Appeal from WrigM District Gowrt.— HoN. W. D. EvaNS, J udge. ActioN to recover damages to plaintiffs’ property Jue to the diversion of surface water thereon, and to restrain defendant from maintaining the ditches' and drains whereby it is alleged he unlawfully collected and discharged the water upon plaintiff’s land. Trial to the court, decree dismissing plaintiff’s petition, and he appeals.
1Opinion of the CourtDeemer, J.
Plaintiff is the owner of the southwest *552quarter, and defendant the owner of the northwest quarter, of section 3 in a certain township in Wright county. Upon defendant’s land are three ponds, the natural outlet to which was a ditch or swale running in a southwesterly direction onto the east half of section 4. When this ditch or swale reached the southeast quarter of section 4 it turned in a southeasterly direction, and ran down over the southwest comer of plaintiff’s land! Between sections 3 and 4, and immediately west of the land owned by plaintiff and defendant, there is a highway running…
2Cases cited6 opinions
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Wharton v. StevensSupreme Court of Iowa · 1891
- Anderson v. HendersonIllinois Supreme Court · 1888
- Dorr v. SimersonSupreme Court of Iowa · 1887
- Schrope v. Trustees of Pioneer TownshipSupreme Court of Iowa · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- San Gabriel Valley Country Club v. County of Los AngelesCalifornia Supreme Court · 1920
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 19Supreme Court of Iowa · 2017
- McKeon v. BrammerSupreme Court of Iowa · 1947
- Hull v. HarkerSupreme Court of Iowa · 1906
36 more not listed; retrieve them via the Exa API.