Foote v. Burlington Water Co.

I. This action was commenced in 1891. The .defendant in this case is the same as in the case of Churchill v. Water Co., 94 Iowa, 89, and the facts are essentially the same in both cases. Plaintiff’s dwelling was situated nearer to defendant’s works than in Churchill’s Case. Plaintiff’s dwelling was built prior to the erection of defendant’s works. It appears from the evidence in this case that in the fall of 1893, and prior to the trial of this cause, defendant began to use a smoke consumer, and up to. the time of the trial, in December, 1893, the works-were operated without causing any…