Legal Opinion

Boyd v. City of Oskaloosa

Supreme Court of Iowa

Decided February 19, 1917PublishedCited by 13 opinions

Appeal from Mahasku District Court. — John F. Talbott, Judge. Action for damages consequent on an alleged nuisance resulted in a judgment against defendant, from which it appeals.

1Opinion of the CourtLadd, J.

1- uonSíorB¿m-" YoniencpCimd discomfoit. A creek, with source about a mile beyond where the effluence from the septic tank of the defendant emptied into it, i-tss course through plaintiff’s land about a mile farther on. The evidence ivas such that the jury might have found that the waters of the creek were polluted by the flow from the septic tank to such an extent that, upon reaching plaintiff’s farm, they were discolored, contained a slimy sediment, were obnoxious to taste, and threw off a disagreeable odor, described by plaintiff as “an awful stinking smell.” He testified that he could…

2Cases cited10 opinions

  1. Randolf v. Town of BloomfieldSupreme Court of Iowa · 1889
  2. Pierce v. WagnerSupreme Court of Minnesota · 1882
  3. Brown v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
  4. Churchill v. Burlington Water Co.Supreme Court of Iowa · 1895
  5. Emery v. City of LowellMassachusetts Supreme Judicial Court · 1872

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3Cited by13 opinions

  1. Kellerhals v. KallenbergerSupreme Court of Iowa · 1960
  2. Kriener v. Turkey Valley Community School DistrictSupreme Court of Iowa · 1973
  3. Higgins v. Decorah Produce Co.Supreme Court of Iowa · 1932
  4. Lucas v. Pioneer, Inc.Supreme Court of Iowa · 1977
  5. Wilson v. City of PortlandOregon Supreme Court · 1936

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