Loughran v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk Circuit Court. The plaintiff is the owner of a lot in-the city of Des Moines, upon which there is a dwelling in which he resides with his family.
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Appeal from Polk Circuit Court. The plaintiff is the owner of a lot in-the city of Des Moines, upon which there is a dwelling in which he resides with his family. He brought this action to recover damages of the city for wrongfully and negligently constructing a sewer through and over said lot, in such a manner that the contents thereof were discharged from the mouth or outlet of the sewer upon said lot on the margin of the Des Moines riv.er, and so near the said dwelling-house that the air became polluted, and the locality unhealthy, to such an extent that the plaintiff’s property became…
1Opinion of the CourtRothrocK, J.
i. assign-error: amend-meutto obviate objection, I. Counsel for appellee insist that the assignments of error are not sufficiently specific to require
this court to consider them.' After this question was made by counsel, the appellant, by leave of the ^ , 1 1 J court, amended the assignment of errors so that no fair objection now exists as to their form, and we will pro*384ceed to consider such as we think demand the attention of the court.
II. It is not denied that the city constructed a sewer through the plaintiff’s lot, and the fact is established beyond question that the contents of the sewer…
2Cases cited4 opinions
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Ellis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
- Keyes v. Little York Gold Washing & Water Co.California Supreme Court · 1879
- Kearney v. FarrellSupreme Court of Connecticut · 1859
3Cited by21 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Swift v. BroylesSupreme Court of Georgia · 1902
- Swain v. Tennessee Copper Co.Tennessee Supreme Court · 1903
- Kellerhals v. KallenbergerSupreme Court of Iowa · 1960
- McDonald v. RobinsonSupreme Court of Iowa · 1928
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