Dovey v. City of Plattsmouth

This proceeding was brought to obtain a review of the action of the court below in sustaining a general demurrer to the petition, and in dismissing the cause. The suit was against the city to recover damages sustained by plaintiff by reason of the location and construction of a storm sewer in the alley upon which plaintiff’s property abuts. A single question is presented, which is whether a suit can be maintained against a city of the second class having more than 5,000 inhabitants', to which class the defendant city belongs, to recover damages to property occasioned by the construction of a…