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OWENS v. FAYETTE COUNTY

No. 47519.

40 N.W.2d 602 (1950)

OWENS et al. v. FAYETTE COUNTY et al.

Supreme Court of Iowa.

January 10, 1950.

Attorney(s) appearing for the Case

E. S. Estey, County Attorney of Fayette County, and R. F. Estey, of West Union, for appellant, Fayette County.

E. B. Shaw, of Oelwein, for appellants Fred Gremmels, Robert Wilson, and A. E. Smith, Supervisors of Fayette County.

Geiser, Donohue & Wilkins, of New Hampton, for appellees.

WENNERSTRUM, Justice.

Plaintiffs sought an injunction and damages for claimed wrongful concentration of water flowing from dominant lands to the east and south of their property with resulting damage to their land. The trial court enjoined defendants from causing damage to plaintiff's lands and ordered the removal of culverts and dams placed in the highway but denied damages. Plaintiffs have not appealed from decree dismissing the claim for damages. Defendants have...

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