Downing v. City of Oskaloosa
Supreme Court of Iowa
Appeal from Mahaska District Gowrt. — Hon. D. Ryan, Judge. This is an action at law to recover damages for a nuisance, and asking for its abatement. There was a verdict and judgment for the plaintiff. Upon the rendition of the verdict, the plaintiff moved the court to enter an order enjoining or abating the nuisance. This motion was overruled, to which ruling the plaintiff excepted, and appeals. Judgment wás entered upon the verdict.
1Opinion of the CourtKinne, J.
But one question is presented by this record, viz: In an action at law, where the plaintiff claims damages for a nuisance, and also asks that the nuisance be enjoined or abated, and where the ease is tried and damages are recovered upon the theory that the nuisance is permanent in character, is the plaintiff,, as a matter of right, entitled to an injunction or order for abatement? Our statute provides: “Whatever is *353injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or…
2Cases cited12 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
- Stodghill v. C., B. & Q. R.Supreme Court of Iowa · 1880
- Miller v. Keokuk & Des Moines R'y Co.Supreme Court of Iowa · 1883
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3Cited by9 opinions
- Green v. City of Mt. PleasantSupreme Court of Iowa · 1964
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Wolf v. Lutheran Mutual Life InsuranceSupreme Court of Iowa · 1945
- Bernstein v. City of MarshalltownSupreme Court of Iowa · 1933
- Bechtel v. Board of SupervisorsSupreme Court of Iowa · 1933
4 more not listed; retrieve them via the Exa API.