Ellis v. Iowa City
Supreme Court of Iowa
Appeal from, Johnson Circuit Court. Tuesday, July 26. The plaintiff claims that the city negligently and unskillfully built the gutter of a street in front of her lots, so that the basement of her house was flooded, and damage done to the house, furniture, etc. The street had been graded above the level of plaintiff’s lots, in accordance with the grade established by the city, and provision was made, to carry off the water that would flow along the street by gutters.
Read the full summary
Appeal from, Johnson Circuit Court. Tuesday, July 26. The plaintiff claims that the city negligently and unskillfully built the gutter of a street in front of her lots, so that the basement of her house was flooded, and damage done to the house, furniture, etc. The street had been graded above the level of plaintiff’s lots, in accordance with the grade established by the city, and provision was made, to carry off the water that would flow along the street by gutters. The plaintiff claims that, water overflowed from the gutter, and her lots were flooded in consequence. The defendant insists…
1Opinion of the CourtWilliams, J.
We cannot do better in presenting the issues of law made by these parties, than to insert copies of the instructions given by the court as to the duty of the city :
“The city, as a public corporation, has a right to establish grades for the streets, and to fill up the streets to correspond with the grade established, and if the work is done in a careful and skillful manner, the city will not be liable for injuries to property, which are the necessary results of the careful and skillful grading of the streets.” “ On the other hand, if the city in grading the streets, did the work in an…
2Cited by14 opinions
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
- Gillison v. City of CharlestonWest Virginia Supreme Court · 1880
- Roll v. City of IndianapolisIndiana Supreme Court · 1876
9 more not listed; retrieve them via the Exa API.