Gilfeather v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie Circuit Court. Action to recover damages sustained by plaintiff from defendant’s careless construction of a ditch, and negligence in failing to provide sluiceways to carry off water, and in permitting water-ways to become filled up, whereby plaintiff’s lot was overflowed, and his buildings and well were injured, his trees and shrubbery destroyed. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
i. cities and ingstr'efte:d’ vreSerTdamage to lot below grade. I. One count of plaintiff’s petition, the second, as a ground of recovery alleges, in effect, that defendant negligently and carelessly failed to provide sluice-ways in its streets and alleys in the vicinity of plaintiff’s lots, to conduct the water therefrom, . and negligently permitted such sluices to become and remain filled up; thereby causing water, mud and filth flowing upon his premises to accumulate and remain thereon. The defendant alleges in its answer, and the fact is established by the evidence, that plaintiff’s lots…
2Cases cited1 opinion
- Morris v. City of Council BluffsSupreme Court of Iowa · 1885
3Cited by5 opinions
- Knostman & Peterson Furniture Co. v. City of DavenportSupreme Court of Iowa · 1896
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Dodd v. ScottSupreme Court of Iowa · 1890
- Village of Trenton v. RuckerMichigan Supreme Court · 1910
- Fullerton Lumber Co. v. SpencerSupreme Court of Iowa · 1890