Andrews v. Western Asphalt Paving Corp.
Supreme Court of Iowa
Appeal from Monona District Court. — W. G. Sears, Judge. Action to recover damages to residence property occupied by plaintiff, and to her personal property on the premises, and for physical suffering endured by her, and for the annoyance, inconvenience, and personal discomfort suffered by the plaintiff in her home by reason of excessive smoke, cinders, fumes, dust, and sand east upon and into her home and upon her personal property by the operation of an asphalt plant…
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Appeal from Monona District Court. — W. G. Sears, Judge. Action to recover damages to residence property occupied by plaintiff, and to her personal property on the premises, and for physical suffering endured by her, and for the annoyance, inconvenience, and personal discomfort suffered by the plaintiff in her home by reason of excessive smoke, cinders, fumes, dust, and sand east upon and into her home and upon her personal property by the operation of an asphalt plant erected by defendant, situated adjacent to the residence property, and operated for a period of four months. The case was…
1Opinion of the CourtArthur, J.
— I. In July, 1919, the defendant erected an asphalt plant or mixer on the right of way of the Illinois Central Railroad Company, in Onawa, Iowa, about 42 feet from the residence occupied by plaintiff, on the north and a little to the west of the house, and operated the plant for a period of about four months, while plaintiff was occupying as a residence the property above described, owned by Emma Craven. The asphalt plant was erected and operated for the purpose of making a hot mixture of asphalt and sand, to be used in paving streets in Onawa. A large movable crane was also operated at the…
2Cases cited4 opinions
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Harley v. Merrill Brick Co.Supreme Court of Iowa · 1891
- Carnego v. Crescent Coal Co.Supreme Court of Iowa · 1914
3Cited by14 opinions
- Ryan v. City of EmmetsburgSupreme Court of Iowa · 1942
- Schlotfelt v. VINTON FARMERS'SUPPLY COMPANYSupreme Court of Iowa · 1961
- Kriener v. Turkey Valley Community School DistrictSupreme Court of Iowa · 1973
- Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
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