Bones v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Gowri. — Hon. W. B. Green, Judge. The plaintiff brought hi's action for damages for alleged flooding of his land adjoining the defendant’s right of way. There was a cross-bill by the 'defendant bringing Bichard O’Connell into the case as an adverse party. The case was transferred to the equity side of the docket. There was a decree dismissing the petition and granting relief on the cross-bill. The plaintiff and O’Connell both appeal. —
1Opinion of the CourtEvans, C. J.
The plaintiff is the owner of lands in sections 3, 9 and 10 in a certain township. The lands abut upon the right of way of the defendant railway company. He brought his action for damages in two counts. In the first he claimed damages for injury to his pasture, and for hay and growing corn destroyed by the flooding of his lands in June, 1906. In the second count he claimed damages as assignee of defendant O’Connell for the destruction of growing corn by the same flood. The railway of the ■ defendant compány runs in a general northeasterly and southwesterly direction through ■ sections 3, 9 *224and…
2Cited by4 opinions
- Hinkle v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1929
- Stouder v. DashnerSupreme Court of Iowa · 1951
- Tiedeman v. Village of MiddletonWisconsin Supreme Court · 1964
- Brainard v. Chicago, Rock Island & Pac. Railway Co.Supreme Court of Iowa · 1911