Freeland v. City of Muscatine
Supreme Court of Iowa
Jiff ml from Muscatine District Court. The first count of the petition alleges that .the defendant, in July 1857, by her officers, agents and servants, wrongfully dug up, took and carried away, from the front of plaintiff’s house, (which was the Muscatine Hotel,)-situate on lot five, in block seventy-four; in Muscatine, the soil or earth below the established grade as fixed by the proper authorities, to the depth of three feet, and in so doing undermined the front wall of…
Read the full summary
Jiff ml from Muscatine District Court. The first count of the petition alleges that .the defendant, in July 1857, by her officers, agents and servants, wrongfully dug up, took and carried away, from the front of plaintiff’s house, (which was the Muscatine Hotel,)-situate on lot five, in block seventy-four; in Muscatine, the soil or earth below the established grade as fixed by the proper authorities, to the depth of three feet, and in so doing undermined the front wall of said hotel, and greatly damaged the same, and caused one part of said house to fall, &c., to his damage, twenty-five…
1Opinion of the CourtWoodwARD, J.
The first assignment of error is to the overruling the plea to the jurisdiction, filed by defendant. There was no error in this. The plaintiff’s claim is not based on the special act of 24th January, 1855, (p. 76.) That act supposes the city to be acting under its recognized powers in a regular manner, and aims to provide a mode for ascertaining the damages when private property is taken or injured by the changing of the grade, or course, or width of the street. But the plaintiff’s complaint in his first count is, that the city wrongfully dug up and carried away the earth from below the…
2Cited by8 opinions
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Graessle v. CarpenterSupreme Court of Iowa · 1886
- White v. Chicago, M. & St. P. R'y Co.South Dakota Supreme Court · 1890
- Randell v. Iowa State Highway CommissionSupreme Court of Iowa · 1932
3 more not listed; retrieve them via the Exa API.