Correll v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District Oourt.- — Hon. H. J\L Remley,. J udge. Ti-ie plaintiff is owner of lots 14 and 15, in block. 10, Brown’s Second addition to thei City of Cedar Rapids, located on Fifth street and E avenue, wherein is what is. known as the “Vinton Ditch.”
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Appeal from Linn District Oourt.- — Hon. H. J\L Remley,. J udge. Ti-ie plaintiff is owner of lots 14 and 15, in block. 10, Brown’s Second addition to thei City of Cedar Rapids, located on Fifth street and E avenue, wherein is what is. known as the “Vinton Ditch.” She bases her claim for damages on the charge -that the defendant, by turning surface water and drainage into said ditch, and permitting the' street to become so obstructed as to turn the water, caused a large portion of said lots to be destroyed and washed away. In the second count of the petition she avers that the defendant caused…
1Opinion of the Court
.Ladd, J.
1 On the measure of damages for causing a-, portion of the lots to be washed away, the court told the jury that, “if you find that plaintiff is entitled to recover-anything on the first count of her petition, you are instructed that the measure of her damages would be the differ-ence in the value of her said premises as they were just before they were injured by the acts of the-defendant in removing said dirt and increasing the flow of water in said ditch, if you so find, and what they were-worth after that portion of said lots was washed away which, would not have washed away had…
2Cases cited4 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Randolf v. Town of BloomfieldSupreme Court of Iowa · 1889
- Garretty v. BrazellSupreme Court of Iowa · 1871
- Podhaisky v. City of Cedar RapidsSupreme Court of Iowa · 1898
3Cited by4 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Curtis v. KastnerCalifornia Supreme Court · 1934
- Frazier v. RollinsCourt of Appeals of Texas · 1921