City of Plattsmouth v. Boeck
Nebraska Supreme Court
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
- City of Omaha v. KramerNebraska Supreme Court · 1889
- Harmon v. City of OmahaNebraska Supreme Court · 1885
- Ray v. MasonNebraska Supreme Court · 1877
- City of York v. SpellmanNebraska Supreme Court · 1886
3Cited by9 opinions
- Carleton v. StateNebraska Supreme Court · 1895
- Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
- McAleer v. StateNebraska Supreme Court · 1895
- Town of Norman v. InceSupreme Court of Oklahoma · 1899
- Johnson v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1909
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