Messer v. City of Dickinson

This is an action for damages against the city of Dickinson for maintaining a nuisance. The plaintiff is the owner of a building used as a second-class hotel. It is located on the south side of the city near the Heart River. The main sewer of the city empties into the Heart River at a point downstream approximately 600 feet east by north of plaintiff's building. The plaintiff is not a riparian owner. The Heart River is a non-navigable stream. The plaintiff claims that since December, 1932, offensive and nauseating odors, stenches, and gases have been generated by and because of the pollution…