Legal Opinion

Johnson v. Ruth

Supreme Court of Iowa

Decided November 23, 1909PublishedCited by 4 opinions

Appeal from Story District Court. — Hon. R. M. Wright, Judge. Action in equity to enjoin defendant Ruth from draining his premises or discharging the water therefrom upon plaintiff’s premises in any other manner or place, or in any greater quantity, than in accordance with the natural drainage of the land.

Read the full summary

Appeal from Story District Court. — Hon. R. M. Wright, Judge. Action in equity to enjoin defendant Ruth from draining his premises or discharging the water therefrom upon plaintiff’s premises in any other manner or place, or in any greater quantity, than in accordance with the natural drainage of the land. The county of Story and the trustees of Franklin township in said county were made defendants, and, as to them, it was asked that the public highway between two parcels of defendant’s land be so constructed as to permit the water coming from one portion of defendant’s land to flow through a…

1Opinion of the CourtMcClain, J.

1. Drainage of surface water: injunction: supplemental decree. We do not find it necessary to elaborately describe by plat or otherwise the relations of the two parcels of defendant’s land to the two parcels of plaintiff’s land and to the highway which sepa- . 0 . . rates the parcels of each. It is sufficient to say that plaintiff’s premises are separated by a public highway running east and west and that east of plaintiff’s premises, separated by the same highway, lie the two parcels of defendant’s land, and that plaintiff’s complaint is that waters flowing from the north on defendant’s…

2Cases cited8 opinions

  1. Schofield v. CooperSupreme Court of Iowa · 1905
  2. Sheker v. MachovecSupreme Court of Iowa · 1908
  3. Strayer v. StoneSupreme Court of Iowa · 1877
  4. Upson v. FullerSupreme Court of Iowa · 1876
  5. Elliott v. ParkerSupreme Court of Iowa · 1887

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McGarry v. MathisSupreme Court of Iowa · 1938
  2. Hensen v. HensenSupreme Court of Iowa · 1931
  3. Wymer v. DagnilloSupreme Court of Iowa · 1968
  4. Hart v. DelpheySupreme Court of Iowa · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API