Finley v. Hershey
Supreme Court of Iowa
Appeal from Muscatine OircvÁt Court. Action at law to recover damages sustained by plaintiffs on account of defendant wrongfully filling up a slough or arm of the Mississippi river upon which a slaughter and pork house, owned by plaintiffs, is situated. There was a verdict and judgment for plaintiffs; defendant appeals. The facts of 'the case appear in the opinion.
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Appeal from Muscatine OircvÁt Court. Action at law to recover damages sustained by plaintiffs on account of defendant wrongfully filling up a slough or arm of the Mississippi river upon which a slaughter and pork house, owned by plaintiffs, is situated. There was a verdict and judgment for plaintiffs; defendant appeals. The facts of 'the case appear in the opinion. The following cases correctly state the law respecting the rights of riparian owners: Angelí on Water Courses, §41; Railroad v. Stevens, 10 Am. Law Rep., N. S., 177-8-9; Rice v. Rucliman, 10 Am. Law Rep., O. S., 618-9; Ashley v.…
1Opinion of the Court
Beck, J. —
Plaintiffs are the owners of a lot or tract of land situate upon and bounded by Muscatine slough, an arm of the Mississippi river. Upon their property, and near the slough, is a slaughter and pork house, which wa's built and used by the prior owners of the land. -It has also been used by plaintiffs. The defendant owns a lot situated upon the same slough which lies between the plaintiffs’ property and the Mississippi river, and upon it is erected and in operation a steam saw mill. These facts appear in the petition, which further shows that defendant, some years before the…
2Cases cited1 opinion
- State v. KasterSupreme Court of Iowa · 1872
3Cited by14 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Rosenthal v. Taylor, Bastrop & Houston Railway Co.Texas Supreme Court · 1891
- Kray v. MuggliSupreme Court of Minnesota · 1901
- Irvine v. City of OelweinSupreme Court of Iowa · 1915
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