Livingston v. Cunningham
Supreme Court of Iowa
Appeal from Boone District Gowrt. — H. E. Fry, Judge. Action by private citizen to enjoin the obstruction of a public highway. Decree dismissing plaintiff’s petition. Plaintiff appeals. Opinion states the facts.
1Opinion of the CourtGaynor, J.
This action is brought in 'equity by the appellant, Robert Livingston, a private citizen, to enjoin the continuance of what is claimed by plaintiff to be a public *255nuisance, and to recover damages for injury alleged to have been sustained by him by reason of the existence and continuance of the nuisance.
It is claimed by the plaintiff that there is a public highway, regularly established and openly and notoriously used by the general public as such, since 1876, extending in a northerly and easterly direction from the center i ortion of the town of Moingona, Boone County, Iowa, to the Des Moines…
2Cases cited7 opinions
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Dantzer v. Indianapolis Union Railway Co.Indiana Supreme Court · 1894
- Sohn v. CambernIndiana Supreme Court · 1886
- Bradford v. FultzSupreme Court of Iowa · 1914
- Atwood v. PartreeSupreme Court of Connecticut · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Rider v. NarigonSupreme Court of Iowa · 1927