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HATHAWAY v. SIOUX CITY

No. 48248.

57 N.W.2d 228 (1953)

HATHAWAY et al. v. SIOUX CITY et al.

Supreme Court of Iowa.

March 10, 1953.

Attorney(s) appearing for the Case

Thos. J. Griffin and Wm. A. Shuminsky, Sioux City, for appellants.

Robert B. Pike, Sioux City, for Strange Bros. Hide Co., appellant and cross-appellee.

A. H. Bolton, S. D. Crary, V. O. DeWitt, Frank Jacobs and Robert Crary, Sioux City, for appellees.

SMITH, Chief Justice.

Plaintiffs' properties (seven modern five to six room dwellings) are on an eminence known as Prospect Hill in Sioux City. To the south they overlook the Missouri River which flows easterly. First Street (also referred to as "West First Street") runs east and west between them and the brow of the hill.

Defendant Strange Brothers Hide Company owns the lots immediately south of the street and extending thence down the south slope of the...

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