62 Iowa 170 | Iowa | 1883
The location of the plaintiff’s and defendant’s premises is indicated by the accompanying plat.
As shown by the plat, the lots were so laid out as to front west on Baldwin Street. The defendant, however, owning two lots, one of which abuts on Willow Avenue, on the south, erected upon the south lot two buildings fronting south, and
A barn and privy are not necessarily nuisances, but they may become such by their location and the manner in which they are maintained. Mrs. Cook further testified: “I have always noticed an offensive smell arising from these buildings, and we have reported it again and again. * * * If the doors are open from my room across the hall, four feet square, into the parlor, this smell goes into that. The south door is exactly opposite her barn, and the north door opposite that; and the table always sits between these doors; there is no other place for it. We have been hindered seriously by flies and effluvia from that barn. We had boarders there in the summer that have requested that the door be shut while they were eating.” Other occupants of plaintiff’s house testify that they have noticed offensive smells and vapors coming from defendant’s barn and privy. That these buildings do occasion offensive and annoying smells, which are very noticeable in the plaintiff’s house, is, we think, established by a clear preponderance of the testimony.
When lots are laid out in a city with an established front, those who purchase inside lots do so with an expectation that
Reversed.