Bennett v. City of Marion
Supreme Court of Iowa
Appeal from Lynn District Gourt. — Hon. H. M. Rem ley, Judge. Action at law to recover damages for a nuisance erected and maintained by defendant. Answering the petition, defendant pleaded that the erection which caused the nuisance was permanent in character, was established in the year 1893, and that plaintiff’s action is barred. If also pleaded former recoveries by plaintiff for the damages caused him, in bar of his present action.
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Appeal from Lynn District Gourt. — Hon. H. M. Rem ley, Judge. Action at law to recover damages for a nuisance erected and maintained by defendant. Answering the petition, defendant pleaded that the erection which caused the nuisance was permanent in character, was established in the year 1893, and that plaintiff’s action is barred. If also pleaded former recoveries by plaintiff for the damages caused him, in bar of his present action. Some other defenses were pleaded, which will be noticed in the body of the opinion. The case was tried to a jury, resulting in a verdict and judgment for…
1Opinion of the CourtDeemer, J.
This action was brought October 17,1900, to recover damages for a nuisance created by defendant which caused injuries to plaintiff’s farm. It appears that defendant city established a sewer system which emptied into what is known as “Indian Greek,” which flowed through plaintiff’s premises; that the mouth of the sewer was near the boundary of plaintiff’s land; and that the sewage escaped into Indian Greek' and was carried thence by the waters of that creek over and across the land belonging to plaintiff. It further appears that the discharge from the sewer polluted the water of the creek,…
2Cases cited18 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Fort Worth & New Orleans Railway Co. v. WallaceTexas Supreme Court · 1889
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Miller v. Keokuk & Des Moines R'y Co.Supreme Court of Iowa · 1883
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3Cited by21 opinions
- Ryan v. City of EmmetsburgSupreme Court of Iowa · 1942
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Newton v. City of Grundy CenterSupreme Court of Iowa · 1955
- Vogt v. City of GrinnellSupreme Court of Iowa · 1904
- Oklahoma City v. WestSupreme Court of Oklahoma · 1931
16 more not listed; retrieve them via the Exa API.