Legal Opinion

Bowman v. Humphrey

Supreme Court of Iowa

Decided September 30, 1904PublishedCited by 11 opinions

Appeal from Wayne District Court.— Hon. H. M. Towner, Judge. Action at law to recover damages occasioned, as alleged, by the maintenance of a nuisance. Trial to jury, and verdict and judgment for plaintiff. Defendant appeals.

1Opinion of the CourtBishop, J.

The defendant owns and operates a cream*745ery situated at the town of Humiston in Wayne county. The same is located near a waterway emptying into Chariton creek, which in turn flows through plaintiff’s home farm. It is alleged that the washings and refuse from the creamery were discharged into the waterway, by reason of which the water was polluted and rendered unfit for use by the stock kept by plaintiff on his farm; that such of his stock as did drink of the water were made sick, and some died; that noxious vapors' and gases arose from the refuse and polluted water, making plaintiff’s home…

2Cases cited4 opinions

  1. Harley v. Merrill Brick Co.Supreme Court of Iowa · 1891
  2. Ferguson v. Firmenich Manufacturing Co.Supreme Court of Iowa · 1889
  3. Miller v. City of Webster CitySupreme Court of Iowa · 1895
  4. Foote v. Burlington Gaslight Co.Supreme Court of Iowa · 1897

3Cited by11 opinions

  1. In Re Methyl Tertiary Butyl Ether Products Liability LitigationDistrict Court, S.D. New York · 2005
  2. Bowman v. HumphreySupreme Court of Iowa · 1906
  3. Masonite Corp. v. BurnhamMississippi Supreme Court · 1933
  4. Farley v. Crystal Coal & Coke Co.West Virginia Supreme Court · 1920
  5. Casteel v. Town of AftonSupreme Court of Iowa · 1939

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