Legal Opinion

Wilson v. City of Ottumwa

Supreme Court of Iowa

Decided October 18, 1917PublishedCited by 1 opinion

Appeal from Wapello District Court. — Heneoa Cornell, Judge. An action for damages against the defendant city on account of the alleged maintenance of a nuisance. Judgment for plaintiff for $1,264.50. Defendant appeals.—

1Opinion of the CourtStevens, J.

1. Municipal CORPORATIONS : torts: nuisance : unauthorized nuisance by private parties. What is now known as Fairview Addition to the City of Ottumwa was platted in 1890 and annexed to said city in 1903. Prior to 1890, a creek or natural watercourse extended from the premises of plaintiff to a point northeast, for a distance of between a quarter and a half mile. About the year 1890, private owners of the property covered it, for a distance of about a block and a third, by a brick arch. As originally constructed, the brick arch was above Second Street, but in the same year was extended across…

2Cases cited20 opinions

  1. Ogg v. City of LansingSupreme Court of Iowa · 1872
  2. Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
  3. Calwell v. City of BooneSupreme Court of Iowa · 1879
  4. Joplin Consolidated Mining Co. v. City of JoplinSupreme Court of Missouri · 1894
  5. Hull v. Roxboro.Supreme Court of North Carolina · 1906

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3Cited by1 opinion

  1. Sewage in Second Class TownshipsPennsylvania Court of Common Pleas · 1947

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