Powers v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Cass Circuit Court. , The plaintiff is the owner of certain lots in the city of Council Bluffs, abutting on Green street, and has been since a time prior to the occurrence of the injury complained of.
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Appeal from Cass Circuit Court. , The plaintiff is the owner of certain lots in the city of Council Bluffs, abutting on Green street, and has been since a time prior to the occurrence of the injury complained of. In 1859 the said lots were crossed.by a meandering stream Jtnown as Indian Creek, which stream also flowed into Green street, and without crossing the street flowed nearly lengthwise of it for quite a distance, leaving about twenty feet in width of the street for travel in the narrowest place. In order to remove the stream from the street the city determined to cut a ditch along the…
1Opinion of the CourtAdams, J.
No suit could have been maintained until some actual injury was caused to the plaintiff by the action of the water, resulting from the improper construction of the ditch.' Washburn on Easements and Servitudes, 591. But in 1866, if not earlier, the plaintiff’s premises began to be injured,' and he then, of course, had a right of action. The only ques*654tion in this case is as to the character of the damage. Was it as it accrued from day to day new damage? If so, the plaintiff was entitled under the evidence to recover some damages, although his right of action as to a part of the damages which he…
2Cases cited2 opinions
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- McConnel v. KibbeIllinois Supreme Court · 1863
3Cited by75 opinions
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- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1891
- Ryan v. City of EmmetsburgSupreme Court of Iowa · 1942
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