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Nutt v. Mills County

Nutt v. Mills Cnty., 16 N.W. 536 (Iowa 1883)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
September 20, 1883
Judges
Adams
Citations
16 N.W. 53661 Iowa 754
Cited by 7
Headnotes
Public ditch: negligence: county not liable.
Summary
Appeal from Pottawattamie District Court. The plaintiff avers that the defendant constructed a ditch and embankment along his land; that the defendant was guilty of negligance in the construction, and by reason thereof the plaintiff’s land has been overflowed, and he has sustained injury. The defendant demurred to the petition, and the demurrer was sustained. The plaintiff electing to stand upon his petition, judgment was rendered against him for costs. He appeals. ■

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Adams

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Adams, J.

— The defendant is what is called & quasi corporation. Such corporations are not ordinarily liable for negligence. Kincaid v. Hardin County, 53 Iowa, 430 . The precise question before us was determined in Greene v. Harrison County, ante, 311. The case of Wilson v. Jefferson County, 13 Iowa, 181 , and other cases respecting county bridges, it was held did not apply. *In our opinion the petition did not show a cause of action, and the demurrer was properly sustained,

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1893: 11895: 11908: 11918: 21937: 218932026peak 1918 · 2

Relies on it most ⓘ

  1. Shirkey v. Keokuk County275 N.W. 706 (Iowa 1937)
  2. Larsen v. Independent School District272 N.W. 632 (Iowa 1937)
  3. Almand v. Board of Drainage Commissioners94 S.E. 1028 (Ga. 1918)
  4. Packard v. Voltz62 N.W. 757 (Iowa 1895)
  5. Gibson v. Sioux County183 Iowa 1006 (1918)
  6. Wenck v. Carroll County118 N.W. 900 (Iowa 1908)

Most recent

  1. Shirkey v. Keokuk County275 N.W. 706 (Iowa 1937)
  2. Larsen v. Independent School District272 N.W. 632 (Iowa 1937)
  3. Gibson v. Sioux County183 Iowa 1006 (1918)
  4. Almand v. Board of Drainage Commissioners94 S.E. 1028 (Ga. 1918)
  5. Wenck v. Carroll County118 N.W. 900 (Iowa 1908)
  6. Packard v. Voltz62 N.W. 757 (Iowa 1895)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Kincaid v. Hardin Cnty., 53 Iowa 430 (1880) 36
Wilson v. Jefferson Cnty., 13 Iowa 181 (1862) 34

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