Miller v. Town of Ankeny

This is a law action in three counts by a landowner-occupant against the Town of Ankeny for damages from alleged nuisance in the operation of its sewage disposal plant. From judgment on jury verdict for plaintiff of $4700 on Count II only, defendant has appealed. Error is assigned in admission of evidence, instructions to the jury and refusing to order a new trial or remittitur because of alleged excessive verdict.

Plaintiff’s first count claimed his land was diminished in value by a nuisance alleged to be permanent. Count II, on which plaintiff recovered, claimed inconvenience and discomfort…