Shively v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.
Supreme Court of Iowa
■' Appeal from Lyon District Court. — Hon. G-eo. W. Wakefield, Judge. Action to recover damages caused by an alleged nuisance. Tbe case was tried to a jury, and verdict and judgment rendered for plaintiff. Defendants appeal.
1Opinion of the Court
Robinson, J,
Tbe plaintiff alleges that he is the owner of a house and lot in the town of Rock Rapids, which he occupies as a home; that, in September or October, 1886, the defendants built, and have since maintained, within sixty feet of said lot, stock-yards for the use of shippers over the road of defendants; that said stock-yards have become foul and a nuisance, emitting foul and unhealthy odors, so as to render plaintiff’s house almost uninhabitable, and almost totally destroyed its value, greatly inconveniencing and endangering the health of plaintiff and his family.
1. Instructions:…
2Cases cited5 opinions
- Shiras v. OlingerSupreme Court of Iowa · 1879
- Loughran v. City of Des MoinesSupreme Court of Iowa · 1887
- Dunsmore v. Central Iowa R'y Co.Supreme Court of Iowa · 1887
- Cook v. BensonSupreme Court of Iowa · 1883
- Baker v. BohannanSupreme Court of Iowa · 1886
3Cited by30 opinions
- Ryan v. City of EmmetsburgSupreme Court of Iowa · 1942
- Swift v. BroylesSupreme Court of Georgia · 1902
- Kellerhals v. KallenbergerSupreme Court of Iowa · 1960
- McGill v. Pintsch Compressing Co.Supreme Court of Iowa · 1908
- Wylie v. ElwoodIllinois Supreme Court · 1890
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