Ryan v. City of Emmetsburg

Tliis is an action at law to recover for damages to tbe use and enjoyment of real estate, from an alleged nuisance. Plaintiff, Albert Ryan, bad for many years owned a 40-acre tract of land adjacent to defendant, City of Emmetsburg, Iowa. Upon this were situated a dwelling house, barns, silos, etc. Plaintiff, with his wife and family, occupied said premises as a homestead and farmed the same, keeping thereon a considerable number of hogs, cattle, milk cows, and chickens.

Prior to 1939, the sewage of the defendant city had passed through sewer pipes to a river several miles distant. This sewer…