| Iowa | Jun 18, 1886
There is no dispute as to the facts. The plaintiffs are the owners of a lot on which is situate the Pullman House, in block 23, in Cedar Rapids. The block, or rather half block, is bounded by First avenue, Third and Fourth streets, and an alley which runs parallel with the avenue. The defendant owns a lot in the same block, situate at the corner of the avenue and Third street, and it is bounded in the rear by the alley. The defendant, in 1878, erected on
Under the foregoing facts, are the plaintiffs entitled to recover? is the question we are required to determine. .Tho defendant had the undoubted right to erect a building covering his whole lot. Water falling thereon must be discharged therefrom, and, subject only to municipal control, the defendant had the right to discharge such water on the street or alley. He had precisely the same right in this respect as he had the right to walk on the street or alley. lie had the farther right to so construct the building as to cause the water to flow and be discharged at one or more places. Of necessity this must be so. It is well settled by authority, we think, that no one can divert a stream of water to the prejudice of another, nor can he collect surface water into a reser
It is equally clear, we think, that an owner of a lot in a city lias the right to improve it in such manner as he deems proper, either by changing the surface or the erection of buildings, and such right is in no respect modified by the fact that his own land is so situated with reference to that of adjoining owners that the mode of improvement adopted will cause water which may accumulate thereon by rains to flow over the lands of others in greater quantities, or in other directions, than they were accustomed to flow. Gannon v. Hargadon, 10 Allen, 106. The same rule applies to a city, when grading streets. Wilson v. Mayor, 1 Denio, 595" court="None" date_filed="1845-10-15" href="https://app.midpage.ai/document/wilson-v-mayor-of-new-york-6142310?utm_source=webapp" opinion_id="6142310">1 Denio, 595; Lynch v. Mayor, 76 N.Y., 60" court="NY" date_filed="1879-01-21" href="https://app.midpage.ai/document/lynch-v-mayor-of-new-york-3600796?utm_source=webapp" opinion_id="3600796">76 N. Y., 60; Freburg v. Davenport, 63 Iowa, 119" court="Iowa" date_filed="1884-03-21" href="https://app.midpage.ai/document/freburg-v-city-of-davenport-7100876?utm_source=webapp" opinion_id="7100876">63 Iowa, 119; Morris v. Council Bluffs, 67 Id., 343.
In the construction of his building it was the right, if not the duty, of defendant to construct it with reference to the established grade of the streets and alleys, and it will be presumed that he did so, as there is no evidence to the contrary. TVe understand that the alley where the water fell on it had been raised to grade, and we have no hesitation in aifirming the right of the defendant to discharge the water which fell on his building at the place he did, in the absence of any regulation of the municipality directing otherwise. The plaintiffs’ premises were below grade. As between him and the city he was required, in order to protect himself from the accumulation of surface water, to raise the level of his lot. The same principle must obtain between the parties to the action. No more water fell on the building than would have fallen on the ground on which it stood. The defendant did nothing to accumulate the water. At most, by the improvement of his lot, he changed the direction of the water falling on liis own premises, and he caused this water to be dis
Neversed.