Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 193

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 193

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... these defendants and direct them in the premises. The defendant Rogers, for answer to the petition and amendment thereto, after admitting the ownership of the tract on the west side of the highway, denied the remaining allegations thereof, denied specifically that he had in any way, by placing obstructions in the highway, backed up or diverted the flow of surface water, and averred that, if the water was obstructed, it was because the culvert had become filled with sand, so as to prevent the water from passing through it; and that the natural flow of surface waters from the lands of plaintiff for more than ten years had been to the north along the east side of the highway; and that he has acquired a prescriptive right to have the same carried away from his premises through said ditch. Before the case came to trial. the defendant, in compliance with an order of court, removed the plank he had placed opposite the culvert. As indicated by the foregoing'stat: -inent of the issues, it is the contention of appellant that there is no natural (lO_)l'(.'SSlUll or watercourse across his lands from the southeast; that the culvert is not constructed in line with the natural course of drainage across the highway; that the same collects the water and tends to throw it upon his premises in a greatly enlarged quantit_v and at an unnatural place, to his damage; that he in no way obstructed or diverted the surface water coming from the lands of plaintiff from its natural and ordinary course; and that, by reason of the existence and maintenance of the ditches in the highway, he has acquired a prescriptive right to have the surface water carried to the north through said ditches and across the premises of plaintilf and others to Clear Creek. The...show more

Product details

  • Paperback
  • 189 x 246 x 28mm | 971g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236838912
  • 9781236838919