Legal Opinion

Fehd v. City of Oskaloosa

Supreme Court of Iowa

Decided October 24, 1908PublishedCited by 3 opinions

Appeal from Mahaska District Court. — HoN. W. Gr. CLEMENTS, Judge. ActioN to recover damages for a nuisance created by defendant in discharging its sewage in proximity to .plaintiff’s land. Trial to a jury. Verdict and judgment for plaintiff, and defendant appeals.

1Opinion of the CourtDeemer, J.

Plaintiff averred that he was the owner and possesser of a certain three acres of land, and “that said land was the homestead of the father, now deceased, • and has been in the possession of the family for many years last past.” He asked and was allowed as damages depreciation in the rental value of the premises from June 16, 1905, to May 15, 1907. The jury were also instructed as follows: “Also, if you find from a preponderance of the evidence that the plaintiff and his family in their home and house suffered inconvenience and discomfort by reason of the alleged nuisance, then *623you may allow…

2Cases cited8 opinions

  1. Sheehy v. ScottSupreme Court of Iowa · 1905
  2. Ring v. LundSupreme Court of Iowa · 1906
  3. Nicholas v. PurczellSupreme Court of Iowa · 1866
  4. Burdick v. KentSupreme Court of Iowa · 1879
  5. Whalen v. CadmanSupreme Court of Iowa · 1860

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

3Cited by3 opinions

  1. Soderburg v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1914
  2. In re the Estate of BakerSupreme Court of Iowa · 1914
  3. Watland v. GoodSupreme Court of Iowa · 1920

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