Indianapolis Water Co. v. Nulte
Decision Date | 19 December 1890 |
Citation | 126 Ind. 373,26 N.E. 72 |
Parties | Indianapolis Water Co. v. Nulte. |
Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from superior court, Marion county; N. B. Taylor, Judge.
Winter, Baker & Daniels, for appellant. Geo. T. Porter, for appellee.
The material facts in this cause, as they are disclosed by the complaint, are that on the 7th day of March, 1877, and for some years prior thereto, and until the 18th day of April, 1881, the Water-Works Company of Indianapolis, Ind., a duly-organized corporation, was the owner and in the possession of that part of the Central canal which is situated in Marion county, together with certain dams, water-powers, leases, and contracts pertaining to said canal and its use. One of said dams was at Broad Ripple, across White river, appurtenant to which were valuable water-powers and privileges, connected with which, on the east bank of the river, was a levee, which protected the dam and the lands abutting on that side of the river from the overflow of the water held back by the dam, and especially protected the land from high water in the river. On the 7th day of March, 1877, the appellee in this case, being the owner of a certain described tract of land abutting on the east bank of White river, near the dam at Broad Ripple, upon a part of which the water-works company had built and then owned a levee, submitted to said company the following written proposition: The water-works company accepted the above proposition, and constructed the levee to the point indicated therein; whereupon the appellee extended the same as proposed. Under a judicial decree rendered in the superior court of Marion county, all of the water-works property of the Water-Works Company of Indianapolis, Ind., was sold on the 18th day of April, 1881, and purchased by Edward Hamilton, John M. Dennison, and Delivan Woodruff. On the 23d day of April, 1881, said purchasers, under the provisions of an act of the general assembly of the state, approved February 4, 1881, organized the Indianapolis Water Company, the appellant here, as a corporation, which succeeded to all their rights in said property. By reason of the failure of the appellee to keep that part of the levee constructed by him in repair, the same was broken on the 10th day of February, 1883, and the water, escaping through the break in a strong current, ran over the land on the east side of White river, and over the road of “The Westfield Gravel-Road Company,” and washed out a part of its road. The appellant paid to the Westfield Gravel-Road Company, on account of the damages done to its road, the sum of $325. The appellee failing to repair the broken levee after notice, the same was repaired by the appellant at a cost of $1,000. This action was brought by the appellant against the appellee to recover the damages paid by it to the Westfield Gravel-Road Company, and to recover the amount paid to...
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