Legal Opinion

Finley v. Hershey

Supreme Court of Iowa

Decided October 22, 1875PublishedCited by 14 opinions

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

  1. State v. KasterSupreme Court of Iowa · 1872

3Cited by14 opinions

  1. Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
  2. City of North Vernon v. VoeglerIndiana Supreme Court · 1885
  3. Rosenthal v. Taylor, Bastrop & Houston Railway Co.Texas Supreme Court · 1891
  4. Kray v. MuggliSupreme Court of Minnesota · 1901
  5. Irvine v. City of OelweinSupreme Court of Iowa · 1915

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