Costello v. Pomeroy
Supreme Court of Iowa
Appeal from Dallas District Gonrt. — HoN. A. W. WilkiN-SON, Judge. The plaintiff is owner of the S. E. ¿ section 6, township 80, range 26, and the defendant is owner of the E. of S. W. i of the same section. There was a pond at abont the center of the south line of defendant’s land, covering about two acres of ground, including a portion of the highway, which run in an easterly and westerly direction.
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Appeal from Dallas District Gonrt. — HoN. A. W. WilkiN-SON, Judge. The plaintiff is owner of the S. E. ¿ section 6, township 80, range 26, and the defendant is owner of the E. of S. W. i of the same section. There was a pond at abont the center of the south line of defendant’s land, covering about two acres of ground, including a portion of the highway, which run in an easterly and westerly direction. This rendered some three to five acres of defendant’s land wet and unfit for cultivation, and nearly twenty acres of Royers’ land, lying to the south. To the northeast, and about five rods east…
1Opinion of the CourtLadd, J.
A careful reading of the record has convinced us that the construction of the drain increased the flow of *215water upon plaintiff’s land to his damage, and that his grantor did not assent thereto. The fact that township trustees shared in the expense could in no way relieve defendant from liability for running the drain from his land upon that of plaintiff. But the defendant pleaded that the drain was a permanent structure, and that aft the damages to the land of plaintiff accrued at the time of its construction and before he acquired it. Powers v. City of Council Bluffs, 45 Iowa, 652; Peden v.…
2Cases cited3 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Pettit v. Incorporated Town of Grand JunctionSupreme Court of Iowa · 1903
- Shuck v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1887
3Cited by8 opinions
- Ryan v. City of EmmetsburgSupreme Court of Iowa · 1942
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Vogt v. City of GrinnellSupreme Court of Iowa · 1904
- City of Clanton v. JohnsonSupreme Court of Alabama · 1944
- Geneser v. HealySupreme Court of Iowa · 1904
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