Stodghill v. C., B. & Q. R.
Supreme Court of Iowa
Appeal from Wapello Circuit Court. The plaintiff is the owner of two tracts of land in the county of Wapello, which tracts are used as one farm, although they do not join. The larger tract consists of about four hundred acres, and the smaller tract of about twenty-nine acres, and is crossed by a stream of water known as North Avery creek.
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Appeal from Wapello Circuit Court. The plaintiff is the owner of two tracts of land in the county of Wapello, which tracts are used as one farm, although they do not join. The larger tract consists of about four hundred acres, and the smaller tract of about twenty-nine acres, and is crossed by a stream of water known as North Avery creek. The petition avers that the plaintiff has for years used said stream in connection with his said farm for watering his stock, and that the defendant wrongfully diverted said stream from its natural course and prevented it from flowing over his land, whereby…
1Opinion of the CourtAdams, J.
As it is not claimed by the appellant that greater rights were acquired by the plaintiff’s deed than would have been acquired by proceedings in condemnation, we shall assume for the purposes of this opinion that they were the same. The question, then, which we are called upon to decide is this: Are the damages resulting to the land-owner from the diversion of a natural stream of water, where such diversion is required by good railroading and a reasonably prudent construction of the road-bed, to be regarded as having entered into and been covered by the condemnation and appraisal? If this…
2Cases cited1 opinion
- Sabin v. Vermont Central RailroadSupreme Court of Vermont · 1853
3Cited by8 opinions
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
- Van Orsdol v. B., C. R. & N. R.Supreme Court of Iowa · 1881
- Baltimore & Ohio Southwestern Railroad Co. v. QuillenIndiana Court of Appeals · 1904
- Thompson v. Illinois Central RailroadSupreme Court of Iowa · 1916
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