Legal Opinion

Harley v. Merrill Brick Co.

Supreme Court of Iowa

Decided May 28, 1891PublishedCited by 23 opinions

Appeal from Polh District Cowrt. — Hon. #Charles A.. Bishop, Judge. Action to recover damages alleged to have been, caused by the defendant in operating machinery and. kilns for the purpose of manufacturing brick, and for the abatement of the same as a nuisance. There was a trial by jury, and a verdict and judgment for the defendant. The plaintiff appeals.

1Opinion of the CourtRobinson, J.

During the year 1888 the plaintiff owned, and with her family occupied, as a place of residence, a house, and lot on East Fourth street, in Des Moines. The premises so occupied were about one hundred and eighty feet from the brow of a bluff which sloped abruptly westward. At the foot of the bluff the-defendant, in the year named, constructed works for-*75the manufacture of brick. They included a smokestack, the top of which was nineteen feet lower than the bluff and brick kilns. The distance from the house of the plaintiff to the smokestack is three hundred and thirty feet, and from the house to…

2Cases cited7 opinions

  1. Sloggy v. DilworthSupreme Court of Minnesota · 1888
  2. Sellick v. HallSupreme Court of Connecticut · 1879
  3. Park v. C. & S. W. R.Supreme Court of Iowa · 1876
  4. Ewell v. GreenwoodSupreme Court of Iowa · 1868
  5. Loughran v. City of Des MoinesSupreme Court of Iowa · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Bowman v. HumphreySupreme Court of Iowa · 1906
  2. Hampton v. North Carolina Pulp Co.Supreme Court of North Carolina · 1943
  3. McGill v. Pintsch Compressing Co.Supreme Court of Iowa · 1908
  4. McDonald v. RobinsonSupreme Court of Iowa · 1928
  5. Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905

18 more not listed; retrieve them via the Exa API.

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