Woody v. MacHin

McCORMICK, Justice.

This appeal involves the aftermath of a nuisance action tried to a jury at law. The questions concern the taxation of costs and the scope of the trial court’s abatement order. We affirm the court on the costs question and reverse and remand on the abatement question.

Plaintiffs Dean and Virginia Woody brought the action against defendants Harvey and Phyllis Machin on a theory of nuisance based on negligence. We have no occasion to decide whether it was necessary for them to rely on a negligence theory. Cf. Page County Appliance Center v. Honeywell, 347 N.W.2d 171, 176 (Iowa…