Jontz v. Northup
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. W. (x. Clements, Judge. Action to enjoin, a nuisance caused by the casting of water by defendant upon plaintiff’s land and to recover damages for the continuance of the nuisance. Defendant denied the alleged nuisance and pleaded that he did no more than discharge the water from his land upon the land of the plaintiff, which was the servient, estate, into a natural swale or water course.
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Appeal from Jasper District Court. — Hon. W. (x. Clements, Judge. Action to enjoin, a nuisance caused by the casting of water by defendant upon plaintiff’s land and to recover damages for the continuance of the nuisance. Defendant denied the alleged nuisance and pleaded that he did no more than discharge the water from his land upon the land of the plaintiff, which was the servient, estate, into a natural swale or water course. On these issues the case was tried to the court, resulting in a decree dismissing plaintiff’s petition, and he appeals. —
1Opinion of the CourtDeemer, J.
— Plaintiff and defendant are owners of adjoining tracts of land; plaintiff’s consisting of eighty acres composed of two forties running east and west, and defendant’s of eighty acres running north and south. What is known as the North Skunk river, flowing in a southeasterly direction, crosses the southwest corner of plaintiff’s land, and a swale or slough running in the direction of this river-commences north of the north end of defendant’s land with branches coming in from both east and west. After these converge, a main slough extends entirely across defendant’s land following the natural…
2Cases cited19 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Lambert v. AlcornIllinois Supreme Court · 1893
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Shaw v. City CouncilSupreme Court of Iowa · 1905
- Dorr v. SimmersonSupreme Court of Iowa · 1905
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Board of Supervisors v. Board of SupervisorsSupreme Court of Iowa · 1932
- Miller v. HesterSupreme Court of Iowa · 1914
- Schwartz v. Wapello CountySupreme Court of Iowa · 1929
- Conklin v. City of Des MoinesSupreme Court of Iowa · 1918
- Cundiff v. KopseikerSupreme Court of Iowa · 1953
7 more not listed; retrieve them via the Exa API.