Bennett v. City of Marion
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. T. M. Giberson, Judge. Action for damages, on account of the discharge of sewerage * from the defendant city into Indian creek, which creek crosses plaintiff’s land, whereby the water of said creek is polluted and made unfit for use, to plaintiff’s damage. There was a verdict and judgment for plaintiff, from which the defendant appealed. —
1Opinion of the CourtGranger, J.
A suit between these parties for the same cause was determined in the superior court in September, 1894, in which the jury found for the plaintiff in the sum of three hundred dollars, and there was a special finding by the jury that the sewer as maintained was a nuisance. The plaintiff in this suit pleaded the judgment in that suit as a basis, as we understand, for exemplary damages in this suit, and the court instructed the jury that such damages might be awarded if the defendant, after such verdict, *426and judgment, continued the flow from its sewer in wanton disregard of plaintiff’s rights.…
2Cases cited6 opinions
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
- Vanhorn v. City of Des MoinesSupreme Court of Iowa · 1884
- Myers v. City of San FranciscoCalifornia Supreme Court · 1871
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3Cited by10 opinions
- Chappell v. City of SpringfieldSupreme Court of Missouri · 1968
- Young v. City of Des MoinesSupreme Court of Iowa · 1978
- Bennett v. City of MarionSupreme Court of Iowa · 1903
- Desforge v. City of West St. PaulSupreme Court of Minnesota · 1950
- Ferguson v. Joliet Mass Transit DistrictDistrict Court, N.D. Illinois · 1981
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