Foote v. Burlington Gaslight Co.
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. Henry Bank, Jr., Judge. Action for damages occasioned by filling the air witfi gas, smoke, soot, and obnoxious odors from defendant’s gas and electric plants, and carried to the premises of plaintiff, injuring her property, and interfering with the enjoyment of her homestead. There was a trial to the court, and judgment for the plaintiff. From an order granting a new trial, she appeals.—
1Opinion of the CourtLadd, J.
This action was begun August 31, 1892, and the substituted answer filed September 21, 1895. The original petition alleges that from January 6,1892, the plaintiff’s property was injured, and its enjoyment interfered with, by the gas, smoke, soot, and obnoxious odors emitted from, defendant’s gas and electric plants, and claims damages in the sum of eight hundred dollars. The substituted answer sets up three defenses: (1) The statute of limitations; (2) that the operation of the plants was authorized by the laws of the state and the ordinances of the city; (3) a general denial. The case was set…
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