Van Pelt v. City of Davenport
Supreme Court of Iowa
Appeal from Scott Circuit Court. The petition in substance alleges that in the year 1871 the defendant, a duly incoi’poi’ated city, constmicted a culvert on Case street, near the plaintiff’s pi’emises, in such a careless and inipi’oper manner that it obstructed the flow of a natural stream of water running near plaintiff’s premises, and caused large quantities of water to be dischai’ged thex-eon, damaging and depreciatiixg his property to the extent of $500. The answer…
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Appeal from Scott Circuit Court. The petition in substance alleges that in the year 1871 the defendant, a duly incoi’poi’ated city, constmicted a culvert on Case street, near the plaintiff’s pi’emises, in such a careless and inipi’oper manner that it obstructed the flow of a natural stream of water running near plaintiff’s premises, and caused large quantities of water to be dischai’ged thex-eon, damaging and depreciatiixg his property to the extent of $500. The answer admits the making of the culvert descxdbed, but denies tbat it was constructed in a cax*eless manner, and denies the other…
1Opinion of the CourtDay, J.
1 anraroiFAL ntSihty'1^'' negligence, I. There was no error in sustaining the demurrer to the amendment to defendant’s answer. It is not denied that ^ie culvert in question is within the corporate linaits of the city, and was built under the direction of the officers of, and belongs to the city. The mere fact that the board of supervisors of Scott county appropriated the money to pay for the structure, does not exonerate the defendant from liability for negligence or carelessness in its construction. The owner of premises is liable for any nuisance erected thereon, upon the ground that he is…
2Cases cited5 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Simpson v. City of KeokukSupreme Court of Iowa · 1872
- Ellis v. Iowa CitySupreme Court of Iowa · 1870
- City of McGregor v. BoyleSupreme Court of Iowa · 1872
3Cited by40 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
- City of Evansville v. DeckerIndiana Supreme Court · 1882
- Gould v. City of TopekaSupreme Court of Kansas · 1884
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