Legal Opinion

Rand Lumber Co. v. City of Burlington

Supreme Court of Iowa

Decided January 18, 1904PublishedCited by 3 opinions

Appeal from Des Moines Distriet Gourt. — Hoist. W. S. ' Withrow, Judge. Action in equity for the abatement of an alleged nuisance. Decree as prayed, and defendants appeal.—

1Opinion of the CourtWeaver, J.

The petition states a case substantially as follows: The city of Burlington is situated upon the *204western shore of the Mississippi river, and the principal surface drainage of the municipal territory is through a small stream known as “Hawkeye Creek,” emptying into the river eastward of the city. Under authority of an act of the legislature the city council on February 28, 1857, ordered the relocation of said stream from the river to Front street, and ordered that a new channel be opened accordingly for that distance. On August 1, 1859, the city council by another ordinance ordered the…

2Cases cited6 opinions

  1. Morton v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
  2. Village of Pine City v. MunchSupreme Court of Minnesota · 1890
  3. Churchill v. Burlington Water Co.Supreme Court of Iowa · 1895
  4. Young v. RothrockSupreme Court of Iowa · 1903
  5. Miller v. City of Webster CitySupreme Court of Iowa · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Ryan v. City of EmmetsburgSupreme Court of Iowa · 1942
  2. Kriener v. Turkey Valley Community School DistrictSupreme Court of Iowa · 1973
  3. Hemminger v. City of Des MoinesSupreme Court of Iowa · 1925

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