121 Iowa 258 | Iowa | 1903
Plaintiff was in the possession of and claims to own or have a lease for certain lands at or near the city of Boone, through which runs a small stream known as “Honey Greek. ” Before plaintiff obtained his right to the land, the defendant had constructed a sewer system, which had its outlet into Honey creek, and into which it discharged the sewage of the city. Plaintiff claims that defendant thus befouled the stream, and caused noxious and offensive smell to arise about his property, pollutted the waters of the stream, and otherwise injured and damaged his property, rendering his house unfit for habitation, endangering the life of himself and family, and causing them to be sick. The defendant pleaded, among other things, that plaintiff knew of the
Counsel submits a lengthy argument on the question of the right of a court to abate such a nuisance as is here complained of, but, for reasons already stated, we cannot consider that feature of the case.
Having now discussed all matters presented by proper assignments of error, which have been argued by counsel* and, finding no prejudicial error, it follows that the judgment is right, and it is aeeiímed.