Daniels v. Keokuk Water Works
Supreme Court of Iowa
Appeal from Lee Circuit Court. The petition states that plaintiffs are residents of the City of Keokuk, and are owners of dwelling houses therein, which are situated on a bluff. That defendant has erected an engine and pumping house at the foot of the bluff near said dwelling houses, and have placed therein boilers and engines, in operating which soft coal is burned, which emits dense, masses of black smoke, gases and soot.
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Appeal from Lee Circuit Court. The petition states that plaintiffs are residents of the City of Keokuk, and are owners of dwelling houses therein, which are situated on a bluff. That defendant has erected an engine and pumping house at the foot of the bluff near said dwelling houses, and have placed therein boilers and engines, in operating which soft coal is burned, which emits dense, masses of black smoke, gases and soot. That the top .of defendant’s smoke-stack is about opposite the base of plaintiff’s houses, and whenever the wind blows in certain directions the entire volume oí smoke,…
1Opinion of the CourtServers, J.
— The defendant has not appealed, and does not complain of the decree. Therefore we are relieved of the necessity of determining whether the court should have required the defendant to use a smoke consumer. The plaintiffs insist that they are entitled to an absolute and unconditional decree enjoining the defendant from using its smokestack, and thereby causing the nuisance of which complaint is made.
It will be observed that it is not alleged in the petition that the health of the plaintiffs or their families is affected by the alleged nuisance, or that their property has been, or probably…
2Cases cited5 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Gilbert v. ShowermanMichigan Supreme Court · 1871
- Green v. LakeMississippi Supreme Court · 1877
- Remington v. FosterWisconsin Supreme Court · 1877
- Hyatt v. . MyersSupreme Court of North Carolina · 1875
3Cited by12 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Riter v. Keokuk Electro-Metals CompanySupreme Court of Iowa · 1957
- Friedman v. City of Forest CitySupreme Court of Iowa · 1948
- Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
- Higgins v. Decorah Produce Co.Supreme Court of Iowa · 1932
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