Shiras v. Olinger
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. The defendants, on the 17th day of September, 1878, owned and occupied a certain building in the city of Dubuque as a livery stable, being upon the north-west corner of Clay and Eleventh streets, fronting upon Clay and extending westward to an alley. The plaintiff is the owner of the lot next west, fronting upon Iowa street, and extending eastward to the •alley.
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Appeal from Dubuque Circuit Court. The defendants, on the 17th day of September, 1878, owned and occupied a certain building in the city of Dubuque as a livery stable, being upon the north-west corner of Clay and Eleventh streets, fronting upon Clay and extending westward to an alley. The plaintiff is the owner of the lot next west, fronting upon Iowa street, and extending eastward to the •alley. Upon this lot is situated his residence, which he has •owned and occupied from a time antecedent to the occupation of the defendants’ premises for a livery stable. On the 17th •day of September,…
1Opinion of the CourtAdams, J.
Two questions are presented in this ease. The first is as to whether the premises as used have been a nuisance; and, second, whether, the use having ceased, an injunction will lie to prevent its being resumed.
i ntjisanoi'!: iivery stable.
I. A livery stable in a city is not necessarily a nuisance, but may be so under some circumstances. Burditt v. Swenson, 17 Texas, 489; Dargan v. Waddell, 11 Humphreys, 406; Coker v. Berge, 10 Ga., 366; Aldrich v. Howard, 8 R. I., 246. It may doubtless be declared a nuisance if it is built in close proximity to existing residences, and becomes seriously…
2Cases cited2 opinions
- Burditt v. SwensonTexas Supreme Court · 1856
- Perry v. HudsonSupreme Court of Georgia · 1851
3Cited by28 opinions
- Littleton v. FritzSupreme Court of Iowa · 1885
- City of Chicago v. StrattonIllinois Supreme Court · 1896
- McGill v. Pintsch Compressing Co.Supreme Court of Iowa · 1908
- Shively v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Durfey v. ThalheimerSupreme Court of Arkansas · 1908
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