Johnson v. City of Parkersburg
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 10th day of April, 1878, in an action on the case in said court then pending, wherein Romania Johnson was plaintiff, and the city of Parkersburg was defendant, allowed upon the petition of said defendant. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Wood, rendered on the 10th day of April, 1878, in an action on the case in said court then pending, wherein Romania Johnson was plaintiff, and the city of Parkersburg was defendant, allowed upon the petition of said defendant. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the judgment complained of. Johnson, Judge, furnishes the following statement of the Case ? . This is an action of trespass on the case brought by the plaintiff, Johnson, against the defendant, The City of Parkersburg, in…
1Opinion of the Court
Johnson, Judge,
delivered the following opinion of the. Court:
Independent'of the statute set out in the declaration, does the plaintiff in his declaration set up a cause of action ? Hard as it seems, the sweeping current of both English and American decisions, wholly unbroken except by the Supreme Court of Ohio, is, that at common law a municipal corporation is not liable for consequential damages arising from a change in the grade of a street, to one whose land is not taken, although his improvement has been made on his lot in conformity to a former grade; that the municipal corporation, as…
2Cases cited9 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
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