Legal Opinion

City of Plattsmouth v. Boeck

Nebraska Supreme Court

Decided June 30, 1891PublishedCited by 9 opinions

Error to the district court for Cass county. Tried below before Chapman, J. Schaller v. Omaha, 23 Neb., 325; Cincinnati v. Penny, 21 O. St., 499; Pontiac v. Carter, 32 Mich., 164; Crawford v. Delaware, 7 O. St., 459. cases referred to in opinion, and. Reardon v. San Francisco, 7 Am. & Eng. Corp. Cases, 454.

1Opinion of the CourtNorval, J.

Henry Boeck, the plaintiff below, is the owner of two brick buildings situated on block 35 in the city of Plattsmouth. One is a two-story and basement, and the other a one-story and basement. The buildings are separated by an alley running through the block, and abut upon the alley. In 1880 the defendant city excavated the alley to a depth of sixteen feet below the natural surface of the ground, and within a foot of the line of plaintiff’s lots and buildings, and constructed a sewer of masonry. By reason of the excavation for and construction of the sewer so near to and below the bottom of…

2Cases cited4 opinions

  1. City of Omaha v. KramerNebraska Supreme Court · 1889
  2. Harmon v. City of OmahaNebraska Supreme Court · 1885
  3. Ray v. MasonNebraska Supreme Court · 1877
  4. City of York v. SpellmanNebraska Supreme Court · 1886

3Cited by9 opinions

  1. Carleton v. StateNebraska Supreme Court · 1895
  2. Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
  3. McAleer v. StateNebraska Supreme Court · 1895
  4. Town of Norman v. InceSupreme Court of Oklahoma · 1899
  5. Johnson v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1909

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