162 Iowa 604 | Iowa | 1913
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Plaintiff owns one hundred and sixty acres of land; the entire tract being used as one farm. In former years a stream had crossed the land cutting off from the main body about ten acres. The water of this stream had
> The defendants moved to strike from the petition all allegations of injury to the farm as a whole, alleging that the plaintiff’s claim, as filed with the board, was confined and limited to the value of the three and forty-six hundredths acres of land actually taken, and therefore no damage to the farm generally should be considered. The motion was denied, and error is assigned upon the ruling.
Evidence was admitted of the damage to plaintiff’s farm as a whole resulting from the construction of the ditch, and it is conceded that, if admissible, it is sufficient to justify the verdict of the jury. No question is raised as to the regularity of the proceedings establishing the ditch.
In short, the principal question presented by the record and argued by counsel is the one raised by defendant’s motion to strike parts of the plaintiff’s petition: Did the claim as
Assuming the rule to be as stated, the question before us is reduced to the inquiry whether the claim made by the plaintiff before the board is comprehensive enough to justify an allowance in his favor for the damages to his farm. Upon this proposition we are inclined to the view taken by the trial court.
Proceedings before a board of supervisors and other tribunals of that character are necessarily informal, and the courts are not disposed to review them with technical strictness. If plaintiff’s claim, though awkwardly stated, was still so expressed that the board as men of ordinary intelligence understood or ought to have understood that he was asking damages for the injury to his farm, it was sufficient, and the petition filed by him in the district court was no departure from the position which he had taken before the board. Properly construed, the writing presented to the board is not a mere demand to be paid the value of three and forty-six hundredths acres of land taken, but what he does ask is, in so many words, “damages due him for the taking of land for the right of way for the ditch, . . . said land (i. e., the land taken) being three and forty-six hundredths acres,” and closes his statement with a demand for ‘1 damages for the tak
It is unnecessary to prolong argument upon this feature of the case. It depends solely upon the construction to be placed upon the claim filed before the supervisors, and, as we read the statement, it is clear the plaintiff did not thereby intend to be understood as demanding only compensation for the land appropriated, and the trial court did not err in so ruling.
No reversible error appears in the record, and the judgment of the district court is Affirmed.