Hollenbeck v. City of Marion
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. T. M. Giberson, Judge. Action at law to recover damages to plaintiff’s farm, due, as is alleged, to defendant’s emptying its sewage into a running stream wbicb passes through, the land. There- was a trial to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals. —
1Opinion of the Court
Deemer, J. —
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*733 *72Plaintiff and her husband are the owners of 94.67 acres of land in Linn county, through which passes a stream known as “Indian Creek.” In 1893 defendant established a sewerage system, and emptied the sewage gathered thereby into said creek. It is claimed that this made a nuisance’ of the stream, to plaintiff’s damage, and she asks judgment for the decrease of the rental value of the farm, due to the presence of this nuisance. When on the witness stand, plaintiff’s husband was asked as to the condition of the creek both before and after the establishment of the sewer outlet. lie…
2Cases cited18 opinions
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- State v. RainsbargerSupreme Court of Iowa · 1888
- White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ryan v. City of EmmetsburgSupreme Court of Iowa · 1942
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Newton v. City of Grundy CenterSupreme Court of Iowa · 1955
- Kriener v. Turkey Valley Community School DistrictSupreme Court of Iowa · 1973
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1933
17 more not listed; retrieve them via the Exa API.