Bennett v. City of Marion
Supreme Court of Iowa
Appeal from Cedar Rapids Superior. Court. — Hon. T. M. Gtberson, Judge. Action for damages because of the discharge of water and filth from an improperly constructed sewer, and for an injunction to abate the nuisance. There was a verdict and judgment for plaintiff for damages, but the injunction was refused. The defendant city appealed
1Opinion of the CourtGranger, J.
*1131 *112The action is for the discharge of the water and filth of the city from its sewer into *113Indian creek, because of which the water of the creek was polluted, and rendered unfit for use for stock and other purposes, to the plaintiff’s damage. There was a verdict for plaintiff, on which a judgment was entered September 18, 1894. It then appears that the court retained the case for further orders pertaining to the issuance of an injunction. The record then recites: “And, the question of inj unction coining on for final orders, the defendant offered and introduced the following evidence: * * *…
2Cases cited3 opinions
- Claggett v. GraySupreme Court of Iowa · 1855
- Rosenbaum Bros. v. PartchSupreme Court of Iowa · 1892
- Deering & Co. v. IrvingSupreme Court of Iowa · 1889
3Cited by2 opinions
- Newbury v. Getchell & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1898
- Arends v. FrerichsSupreme Court of Iowa · 1922