Legal Opinion

Bennett v. National Starch Manufacturing Co.

Supreme Court of Iowa

Decided October 14, 1897PublishedCited by 18 opinions

Appeal from Polk District Court. — Hon. T. F. Stevenson, Judge. Action in equity to enjoin the maintenance of a sewer on land claimed by the plaintiff, to abate an alleged nuisance, and for other relief. There was a hearing on the merits, and a judgment for the defendant. The plaintiff appeals.

1Opinion of the CourtRobinson, J.

The plaintiff is, and has been for ■many years, the owner of a tract of land now known as “lot numbered 10, of official plat of section 12, in township' 78 north, of range 24 west of the 5th P. M.” In the year 1870 he sunk on the lot an artesian well, from which he obtained and sold mineral water, and in the year 1874 or 1875 he built a sanitarium for use in connection with the well, to which for a time many people resorted. A family residence was also' erected a few rods from the site of the sanitarium. For some time prior to the year 1890 the Gilbert Starch Company owned and operated a…

2Cases cited7 opinions

  1. Carpenter v. Board of County Com'rsSupreme Court of Minnesota · 1894
  2. Kraut v. CrawfordSupreme Court of Iowa · 1865
  3. Houghton v. C., D. & M. R.Supreme Court of Iowa · 1877
  4. Chicago, Burlington & Quincy R'y Co. v. Porter Bros.Supreme Court of Iowa · 1887
  5. Serrin v. GrefeSupreme Court of Iowa · 1885

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3Cited by18 opinions

  1. Higgins v. Decorah Produce Co.Supreme Court of Iowa · 1932
  2. Holman v. HodgesSupreme Court of Iowa · 1901
  3. Ephraim Creek C. & C. Co. v. BraggWest Virginia Supreme Court · 1914
  4. Ned Tyson v. State of Iowa, John Schroeder v. Ned TysonCourt of Appeals for the Eighth Circuit · 1960
  5. State v. NolegsSupreme Court of Oklahoma · 1914

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