Dunsmore v. Central Iowa R'y Co.
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. This is an action by Ellis Dunsmore, apjiellee, for damages for the wrongful operation and use of a coal chute on the defendant’s railroad. The plaintiff, who is the owner of a dwelling-house near the railroad, claims that the use of said chute creates a great deal of smoke and dust, which are blown upon and about his house, and that the noise made by use of the chute is a great annoyance.
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Appeal from Mahaska Circuit Court. This is an action by Ellis Dunsmore, apjiellee, for damages for the wrongful operation and use of a coal chute on the defendant’s railroad. The plaintiff, who is the owner of a dwelling-house near the railroad, claims that the use of said chute creates a great deal of smoke and dust, which are blown upon and about his house, and that the noise made by use of the chute is a great annoyance. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the Court
Rothrock, J.—
The plaintiff is the owner of two lots in the city of Oskaloosa, upon which stands a house which he occupies as a residence. The west line of these lots is sixty *183feet east of the defendant’s right of way. The sixty feet intervening between the plaintiff’s lots and the right of way is a lot, owned by another person, upon which a dwelling-house is situated. It will be observed that the plaintiff’s property does not abut on the right of way. In tne winter of 1883 the defendant erected a coal chute upon its right of way, for the purpose of supplying its engines with coal. The chute…
2Cases cited1 opinion
- Randle v. Pacific RailroadSupreme Court of Missouri · 1877
3Cited by9 opinions
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Smith v. City of Iowa CitySupreme Court of Iowa · 1931
- Shively v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Higgins v. Decorah Produce Co.Supreme Court of Iowa · 1932
- Abbott v. City of Des MoinesSupreme Court of Iowa · 1941
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