Irvine v. City of Oelwein
Supreme Court of Iowa
Appeal from Fayette District Court. — Hon. A. N. Hobson, Judge. Action at law to recover damages for an alleged nuisance, due to the construction of a dam which caused water to overflow lands belonging to plaintiff, and for an order for an abatement of the nuisance. The case was tried to a jury upon issues joined by defendant’s answer, resulting in a verdict for plaintiff in the sum of $200.00, and an order of abatement as prayed. Defendant appeals.
1Opinion of the CourtDeemer, C. J.
During the year 1907, the defendant city, at the instance or upon the request of many citizens of the town, for the purpose of creating an artificial lake in a park in the defendant city, undertook the erection of a reinforced concrete dam across a stream known as Otter Creek, which flowed through the city, or a part thereof. This dam was built near the south line of section 33 of the township in which the city is located, and upon ground belonging to the city. No condemnation proceedings were instituted, but the city obtained many voluntary conveyances from parties owning lands which would…
2Cases cited25 opinions
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- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
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3Cited by26 opinions
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