Churchill v. Burlington Water Co.
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. J. M. Casey, Judge. Action to recover damages for an alleged nuisance. Trial to the court. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtKinne, J.
I. This is an action for damages for a nuisance caused by the defendant in the operation of its works, whereby large quantities of smoke and soot were emitted1 from the smokestack of its works, and carried upon plaintiff’s premises and into hi® dwelling-house; rendering the air impure and unwholesome, and interfering with plaintiff’s comfortable enjoyment of life and of his property. The defense interposed was— First, that the acts complained of were done under legislative authority, and that the damages were consequential, for which plaintiff had no.redress; second, a plea of the statute of…
2Cases cited6 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Randolf v. Town of BloomfieldSupreme Court of Iowa · 1889
- Hunt v. Iowa Central Railway Co.Supreme Court of Iowa · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bormann v. KOSSUTH COUNTY BD. OF SUP'RSSupreme Court of Iowa · 1998
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Lindsey v. DeGrootIndiana Court of Appeals · 2009
- Moon v. North Idaho Farmers Ass'nIdaho Supreme Court · 2004
- Vogt v. City of GrinnellSupreme Court of Iowa · 1904
19 more not listed; retrieve them via the Exa API.