Hahn v. Miller
Supreme Court of Iowa
Appeal from Museatine Circuit Court. Action for the abatement of a nuisance, and for the recovery of damages caused thereby. The defendant answered that the matters alleged in the petition had been adjudicated in a former action between the parties. The verdict and judgment were for defendant. Plaintiff appeals.
1Opinion of the CourtReed, J.
1. FORMER ru&fstated and applied Plaintiff and defendant are the owners of adjoining farms, plaintiff’s farm being situated east of the one owned by defendant. The alleged nuisance conJ " : s^sts ai1 embankment erected and maintained py defendant near the line between the two farms. Plaintiff claims that this embankment obstructs a watercourse through which the waters from certain living springs, which arise east of his farm, and that which overflows in wet seasons from certain marshes and sloughs, also lying east of his farm, and the shed or surface water from a large scope of country, flow;…
2Cases cited2 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Corwin v. WallaceSupreme Court of Iowa · 1864
3Cited by21 opinions
- Young v. O'KEEFESupreme Court of Iowa · 1957
- Lynch v. LynchSupreme Court of Iowa · 1959
- Hogle v. SmithSupreme Court of Iowa · 1907
- Kinzel v. Boston & Duluth Farm Land Co.Supreme Court of Minnesota · 1914
- Hodge v. ShawSupreme Court of Iowa · 1892
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