Hartrick v. Town of Farmington
Supreme Court of Iowa
Appeal from Van Burén District Gourt. — Hon. T. M. Fee, Judge. The defendant is an incorporated town. The plaintiffs, Henry Hartrick and Emma Fitcbenmneller, are owners of property abutting on State street, in said town. The street has no established grade, and is not, legally speaking, permanently improved. The two plaintiffs are owners of adjoining lots on said street, the course of the street being east and west.
Read the full summary
Appeal from Van Burén District Gourt. — Hon. T. M. Fee, Judge. The defendant is an incorporated town. The plaintiffs, Henry Hartrick and Emma Fitcbenmneller, are owners of property abutting on State street, in said town. The street has no established grade, and is not, legally speaking, permanently improved. The two plaintiffs are owners of adjoining lots on said street, the course of the street being east and west. West of the lots owned by Fitchenmueller is Miller's block, and east of Hartrick is the lot owned by Thero, and east of that what is shown on the plat as Sterling Mills. These…
1Opinion of the Court
• QbaNgeb, J.
Appellant, in argument, regards the case on appeal as involving three legal propositions, the first being as follows: “Has a town council the power to cause the erection of a plank sidewalk, elevated some two or three feet above the natural surface, so as to bring it on a level along its length, and on a street on which no permanent grade is established ? That is, until a permanent grade is established for the street, must the sidewalks be built down on the natural surface, without regard to the condition or evenness thereof? This question, to adapt it to the case, should be…
2Cases cited1 opinion
- Burlington & Missouri River Railroad v. SpearmanSupreme Court of Iowa · 1861
3Cited by2 opinions
- Converse v. Incorporated Town of Deep RiverSupreme Court of Iowa · 1908
- Monroe v. PearsonSupreme Court of Iowa · 1916