Ryan v. City of Emmetsburg

This appeal challenges the correctness of certain rulings upon motions in an action at law. The petition alleged plaintiff owned a 40-acre tract adjacent to Emmetsburg, upon which were his dwelling house and other buildings, and which constituted his homestead; that the City of Emmetsburg had constructed upon abutting property and was. maintaining and operating a sewage disposal plant from' which emanated foul, noxious and nauseous gases, vapors and odors, which spread over plaintiff’s property, interfering with the peaceable, quiet and comfortable enjoyment of said .premises, homestead and…