Lessenger v. City of Harlan
Supreme Court of Iowa
Appeal from Shelby District Court. — Thomas Arthur, Judge. Action to enjoin the defendants from discharging surface water upon plaintiff’s land, and for damages. Decree dismissing plaintiff’s petition. Plaintiff appeals.
1Opinion of the CourtGaynor, J.
1. Municipal corporations: public improvements: damnum absque injuria. This action was brought in equity to secure an injunction restraining the defendants, particularly the city of Harlan, from discharging surface water from its storm sewer upon the lands of the plaintiff. Damages are also- asked.
It appears that all the territory involved in this suit is within the corporate limits of the city. A map of the platted portion of the city, shoeing the streets and alleys, is herewith submitted; and it shows that, immediately east of and adjacent to the platted portion, • somewhat in the platted…
2Cases cited11 opinions
- Peck v. HerringtonIllinois Supreme Court · 1884
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Todd v. York CountyNebraska Supreme Court · 1904
- Aldritt v. FleischauerNebraska Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Archer v. City of Los AngelesCalifornia Supreme Court · 1941
- Sisters of St. Joseph Corp. v. Atlas Sand, Gravel & Stone Co.Supreme Court of Connecticut · 1935
- City of Wichita Falls v. MauldinTexas Commission of Appeals · 1931
- Morrow v. Harrison CountySupreme Court of Iowa · 1954
- Stouder v. DashnerSupreme Court of Iowa · 1951
9 more not listed; retrieve them via the Exa API.