Nutt v. Mills Co.

• Decision Date: 20 September 1883
• Citation: 16 N.W. 536,61 Iowa 754
• Parties: NUTT v. MILLS CO.
• Court: Iowa Supreme Court

61 Iowa 754

16 N.W. 536

NUTT

v.MILLS CO.

Supreme Court of Iowa.

Sept. 20, 1883.

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 negligence 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.P. P. Kelley and J. H. Keatley, for appellant.

Hale & Stone and Watkins & Williams, for appellee.

ADAMS, J.

The defendant is what is called a quasi corporation. Such corporations are not ordinarily liable for negligence. Kincaid v. Hardin Co. 53 Iowa, 430; [S. C. 5 N. W. REP. 589.] The precise question before us was determined in Green v. Harrison Co. ante, 136. The case of Wilson v. Jefferson Co. 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.