126 Iowa 222 | Iowa | 1904
Plaintiff claims that the defendant 'obstructed the flow of the Nishnabotna river in such a way as to overflow his land, which is agricultural in character, destroying his crops growing thereon, and otherwise injuring him.. Defendant pleaded that the flooding of plaintiff’s land was due to an unprecedented flood, which it could not have anticipated or guarded against. It also pleaded a prescriptive right to use its roadbed and the bridge maintained over the stream in the manner in which it used and constructed them. Further, it alleged that the structures built by it were permanent in character, erected more than thirty years ago, and that plaintiff’s action, if any he has, is barred by the statute of limitations. It also pleaded authority from the State of Missouri, in which State the bridge and structure of which plaintiff complains are located, to construct and maintain the same in the manner it did. The statute of limitations of the State of Missouri was also pleaded as a complete defense to plaintiff’s action. On these issues, as well as a general denial filed by defendant, the case was tried, resulting in a verdict for the defendant.
The order sustaining the motion for a new trial is affirmed.