Gilbert v. Woodruff
Supreme Court of Iowa
Appeal from Blachhcmh District Court. Plaintiff alleges in bis petition tbat, in June or July, 1869, be was the owner of the northwest one-third of lot No. 1, in Mill Square, in the city of Waterloo, Iowa, that prior to that time he had erected upon said premises a three-story brick building which he used as a store, office, hall, etc.; that in the erection of said building he placed therfeunder a cellar with substantial and suitable stone walls, which formed the foundation…
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Appeal from Blachhcmh District Court. Plaintiff alleges in bis petition tbat, in June or July, 1869, be was the owner of the northwest one-third of lot No. 1, in Mill Square, in the city of Waterloo, Iowa, that prior to that time he had erected upon said premises a three-story brick building which he used as a store, office, hall, etc.; that in the erection of said building he placed therfeunder a cellar with substantial and suitable stone walls, which formed the foundation thereof; that in the months of June and July, 1869, the defendant, who was owner of the adjoining premise? on the…
1Opinion of the Court
Miller, Ch. J.
I. The first assigned error, urged in argument, is based upon the refusal of the court below to give certain instructions to the jury, asked by defendant.
These instructions, in substance, asked the court to charge the jury that in the erection of his building by the plaintiff it was his duty to build the wall, which stood on the line between his premises and those of the defendant, not only of sufficient height and strength, but also to so place it on such solid bearings and base, as would make it sufficiently substantial to sustain the building the plaintiff then erected…
2Cited by2 opinions
- Lederer & Strauss v. Colonial Investment Co.Supreme Court of Iowa · 1906
- Monroe Lodge No. 8 v. Albia State BankSupreme Court of Iowa · 1900