Incorporated Town of Polk City v. Gemricher
Supreme Court of Iowa
Appeal from Polk District Court. — Thos. J. Guthrie, Judge. Suit, for a mandatory writ to compel defendant to remove an alleged obstruction from one of the principal streets of plaintiff incorporated town. Decree as prayed.
1Opinion of the CourtStevens, J.
Plaintiff alleged in its petition that the defendant has built and maintains platform scales on one of its principal streets for personal profit, and that same is so constructed as to create a nuisance. Defendant, in answer, admitted that he maintained scales in the street, but denied that same create or constitute a nuisance, and *279averred that he has maintained and operated same with the knowledge and consent of plaintiff, its officers, and agents, and that his right to do so has never been revoked.
Two principal grounds relied upon for reversal are: (a) That plaintiff has a plain and adequate…
2Cases cited29 opinions
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Yates v. Town of WarrentonSupreme Court of Virginia · 1888
- Stevens v. City of MuskegonMichigan Supreme Court · 1896
- Emerson v. BabcockSupreme Court of Iowa · 1885
- Town of Burlington v. SchwarzmanSupreme Court of Connecticut · 1884
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3Cited by1 opinion
- Cowin v. City of WaterlooSupreme Court of Iowa · 1946