141 Iowa 273 | Iowa | 1909
The plaintiff owns a farm of one huh-' dred and sixty-five acres in Lucas County. A stream of water known as “Whitebreast creek,” flowing from the southwest in a somewhat northeasterly direction, lies to the southward, and a considerable portion of the farm is bottom land adjacent to this water course. The. railroad company’s right of "way follows substantially an east and west course along the valley or bottom lands, crossing the bends of the stream at more or less frequent intervals. The relative situation of the plaintiff’s farm to this stream and to the right of way is indicated by the rough outline plat herein included:
MAPS. — Both parties used and introduced maps on the trial substantially the same as the following, which were shown to be approximately correct:
The defendant denies the alleged negligence, and avers that said bridges were reconstructed' about the' year 1900, with an enlarged waterway under the same, using all reasonable care and skill to avoid obstructing the natural and proper flow of the stream, and that as so constructed said bridges and each of them do afford ample passageway for the prompt escape of all the waters flowing therein. The answer further alleges that the damage, if any, which plaintiff has sustained is chargeable to the
II. Tbe conclusion reached in the preceding paragraph necessarily disposes of the alleged settlement adversely to the claim asserted by appellant. It appears in evidence, without dispute, tbat the settlement referred to was made in November, 1904, and by its express terms related solely to the damages claimed by plaintiff for injuries to lands during tbe years 1902 and 1903, and tbe
Other questions argued are all general, governed by the conclusion already announced. The judgment of the district court is affirmed.