Vogt v. City of Grinnell
Supreme Court of Iowa
Appeal from Powesheik District Gourt. — -Hon. -John T. Scott, Judge. Tiie city of Grinnell began the construction of a sanitary sewer system in 1891 or 1892, and continued the work until 1896 -when about nine or ten miles of mains had been laid. Little Bear creek rises within the city limits, and has been used since 1895 as an outlet for the sewage.
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Appeal from Powesheik District Gourt. — -Hon. -John T. Scott, Judge. Tiie city of Grinnell began the construction of a sanitary sewer system in 1891 or 1892, and continued the work until 1896 -when about nine or ten miles of mains had been laid. Little Bear creek rises within the city limits, and has been used since 1895 as an outlet for the sewage. The plaintiff’s farm is three miles from the city, and prior to August, 1897, the water of this creek, which flows through his pasture of about four hundred forty acres, does not appear to have become contaminated. But the evidence tended to show…
1Opinion of the CourtLadd, J.
i. nuisance.actions. The mere fact that the city sewers were of per-, manent construction did not render the nuisance occasioned by them permanent also, for the municipality had the right at any time to abate it. In this respect cases like the present one differ from Powers v. City of Council Bluffs, 45 Iowa, 652, for there, as was observed *334in Hunt v. Iowa Central Ry., 86 Iowa, 15, “the whole injury was regarded as having occurred at one time, and that time having been more than five years prior to the commencement of the suit, it was held to be barred. The injury was of such a character as…
2Cases cited9 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Randolf v. Town of BloomfieldSupreme Court of Iowa · 1889
- Shively v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Churchill v. Burlington Water Co.Supreme Court of Iowa · 1895
- Bennett v. City of MarionSupreme Court of Iowa · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Ryan v. City of EmmetsburgSupreme Court of Iowa · 1942
- Newton v. City of Grundy CenterSupreme Court of Iowa · 1955
- Patz v. Farmegg Products, Inc.Supreme Court of Iowa · 1972
- Kellerhals v. KallenbergerSupreme Court of Iowa · 1960
- Kriener v. Turkey Valley Community School DistrictSupreme Court of Iowa · 1973
24 more not listed; retrieve them via the Exa API.