Miller v. City of Webster City
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. J. L. Stevens, Judge. Suit in equity to enjoin a nuisance alleged to have been created by defendant in establishing a place called “Market Square” within the city, whereat hogs, cattle, grain and produce were kept and sold, and for other relief. * Defendant was enjoined from using the place unless it removed the excrement deposited by the live stock daily, and otherwise the relief prayed for was denied. Plaintiff appeals.
1Opinion of the CourtDfeemer, J.
Plaintiff is the owner of lots 1 and 2 in block 73 in the defendant city, which he has occupied, improved, and used as a residence property since the year 1882. Block 72 lies directly south of, and in front of, plaintiff’s residence, and at the time plaintiff purchased his property it was vacant. In the year 1889 the defendant purchased block 72, and established it as a market place, locating the city scales thereon. The plaintiff charges that the city, since its purchase, has erected stock yards or small inelosurea thereon, in which are kept large numbers of hogs and cattle, and that it…
2Cases cited4 opinions
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Town of Cherokee v. S. C. & I. F. Town Lot & Land Co.Supreme Court of Iowa · 1879
- Daniels v. Keokuk Water WorksSupreme Court of Iowa · 1883
- Foote v. Burlington Water Co.Supreme Court of Iowa · 1895
3Cited by14 opinions
- Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
- Mackenzie v. Frank M. Pauli Co.Michigan Supreme Court · 1919
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
- E. I. Du Pont De Nemours Powder Co. v. DodsonSupreme Court of Oklahoma · 1915
- Casteel v. Town of AftonSupreme Court of Iowa · 1939
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