Gehlen Bros. v. Knorr
Supreme Court of Iowa
Appeal from Plymouth District Court. — Hon. John F. Oliver, Judge. This is an action m equity, by the plaintiffs, to restrain the defendants from erecting a dam across the Floyd river, at any point thereon within such distance above plaintiffs’ dam as would interrupt or stop the natural flow of the water in said stream, to plain-' tiffs’ detriment.
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Appeal from Plymouth District Court. — Hon. John F. Oliver, Judge. This is an action m equity, by the plaintiffs, to restrain the defendants from erecting a dam across the Floyd river, at any point thereon within such distance above plaintiffs’ dam as would interrupt or stop the natural flow of the water in said stream, to plain-' tiffs’ detriment. The plaintiffs allege: That they own and operate a steam and water power grist mill, which was erected in 1870, and has since been used as a flouring mill. That part of the power with which said mill has been operated, was derived from water taken…
1Opinion of the CourtKinne, C. J.
I. Plaintiffs claim that by virtue of the condemnation proceedings they have acquired a right, as against the defendants, not only to flow the water back upon their land, but also a right to the use and enjoyment of the water of the stream which they would not otherwise possess, as riparian owners.
1' In the condemnation proceedings it appears that the defendant, Rubel, the owner of the land, was found not entitled to any compensation for damages. It is fair to presume, in view of this and other evidence in this case, that such finding was based upon the theory that the back water from the…
2Cases cited28 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
- Palmer v. MulliganNew York Supreme Court · 1805
- Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
- Dumont v. KelloggMichigan Supreme Court · 1874
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3Cited by12 opinions
- Thompson v. EnzMichigan Supreme Court · 1967
- People v. HulbertMichigan Supreme Court · 1902
- Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
- Marshall Ice Co. v. LaPlantSupreme Court of Iowa · 1907
- Michigan Citizens for Water Conservation v. Nestlé Waters North America IncMichigan Court of Appeals · 2006
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