Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 72

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 72

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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. 1888 edition. Excerpt: ...disclaims that his land was injured by the erection of the dam alone, without the concurrence of other causes, and he does this to avoid the defendant's plea of the statute of limitations. So far as the question of overflow is concerned, we are of the opinion that it could be disposed of as a mere question of fact. Careful surveys have been made, and the height of the plaintiff 's land above the water at the dam has been ascertained. It appears that a slough runs through the plaintiff 's land, and the evidence shows to our satisfaction that the water in the slough is about three feet higher than the water in the dam, and that the plaintiff 's land is about three feet higher than the water in the slough. The defendant's millpond must be substantially level with the water on the dam, and we are led to the conclusion that whatever overflow there has been at times did not come from the mill-pond. The Wilson v. Hanthorn. plaintiff and his neighbors seem to think that it did. But the stream is a very sluggish one, and it is probably impossible to know, . without the aid of instruments, precisely Where the head of back-water was in time of either high or low water. In high water the swollen condition might easily be attributed by an ordinary observer to back-water, when in fact it was not due to-that. It appears to us that the surveys made for the purpose of ascertaining the height of the plaintifi"s land are more reliable evidence than any other which we see upon that point, and that, if they are correct, the plaintifi"s land could not be overflowed by reason of the dam. The question of the percolation is not quite as easy to be disposed of as a question of fact. Ve are not prepared to say that, if the...show more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236833376
  • 9781236833372