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WOODY v. MACHIN

No. 84-1946.

380 N.W.2d 727 (1986)

Dean M. WOODY and Virginia Ann Woody, Appellants, v. Harvey MACHIN and Phyllis Machin, Appellees.

Supreme Court of Iowa.

January 15, 1986.

Attorney(s) appearing for the Case

Lee M. Walker and Charles G. Neighbor, of Walker, Neighbor, Larson & Billingsley, Newton, for appellants.

Donald C. Wilson, of Wilson, Hall, Wilson & Craig, Eldora, and Gilbert R. Caldwell, III, of Caldwell, Caldwell & Caldwell, Newton, for appellees.

Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, McGIVERIN and SCHULTZ, JJ.

McCORMICK, Justice.

This appeal involves the aftermath of a nuisance action tried to a jury at law. The questions concern the taxation of costs and the scope of the trial court's abatement order. We affirm the court on the costs question and reverse and remand on the abatement question.

Plaintiffs Dean and Virginia Woody brought the action against defendants Harvey and Phyllis Machin on a theory of nuisance based on negligence. We have no occasion to decide...

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