Legal Opinion

Cook v. Benson

Supreme Court of Iowa

Decided December 5, 1883PublishedCited by 6 opinions

Appeal from the Council Bluffs Superior Court. This is a proceeding in equity for a decree declaring the defendant’s stable and privy a nuisance, and for an injunction perpetually restraining and enjoining the defendant from keeping and maintaining the same. The court dismissed the plaintiff’s petition. The plaintiff appeals.

1Opinion of the Court

Day, Ch. J.

The location of the plaintiff’s and defendant’s premises is indicated by the accompanying plat.

*171

As shown by the plat, the lots were so laid out as to front west on Baldwin Street. The defendant, however, owning two lots, one of which abuts on Willow Avenue, on the south, erected upon the south lot two buildings fronting south, and *172thus, in effect, changed her two lots from a west to a south front, causing the rear of the lots to abut upon plaintiff’s lot. The defendant erected her barn and privy within a few inches of the north side of the north lot, and about twelve feet from the…

2Cited by6 opinions

  1. Shively v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.Supreme Court of Iowa · 1888
  2. Trulock v. MerteSupreme Court of Iowa · 1887
  3. Compton-Hill Improvement Co. v. Tower's Executors & DeviseesSupreme Court of Missouri · 1900
  4. Gordon Berg Garrison v. New Fashion Pork LLP and BWT Holdings LLPSupreme Court of Iowa · 2022
  5. Gordon Berg Garrison v. New Fashion Pork LLP and BWT Holdings LLPSupreme Court of Iowa · 2022

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