Ross v. City of Clinton
Supreme Court of Iowa
Appeal from Clvnton District Court. Action at law. The petition avers that defendant is a municipal corporation of the state, and, as such, has fall control of streets and drainage within its limits; that the plaintiff is the owner of certain lots in the city situated at the southeast corner of Fourth street and Eleventh avenue, whereon his dwelling house occupied by him is situated.
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Appeal from Clvnton District Court. Action at law. The petition avers that defendant is a municipal corporation of the state, and, as such, has fall control of streets and drainage within its limits; that the plaintiff is the owner of certain lots in the city situated at the southeast corner of Fourth street and Eleventh avenue, whereon his dwelling house occupied by him is situated. The cause of action is stated in the following language: “That at the time said house was erected, the grade of Eleventh avenue was established, and that on the north side of said Eleventh avenue, and running…
1Opinion of the CourtBeck, J.
x. municipal damages:011'' pleading. I. The cause of action set out in the first paragraph of the petition is based on the act of the city in author-izing the water works company to lay water pipes a^ong Eleventh avenue. This act is alleged to have been negligently done by the city. The act charged in the petition cannot be regarded as negligent, for it cannot be claimed that the city had no authority to grant the permission to lay water pipes. Having such authority, the mere exercise thereof cannot be charged as negligence. It is not shown that the grant of the authority was accompanied *609by…
2Cases cited4 opinions
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Ellis v. Iowa CitySupreme Court of Iowa · 1870
- Templin v. Iowa CitySupreme Court of Iowa · 1862
- Talman v. FranklinThe Superior Court of New York City · 1854
3Cited by12 opinions
- Weis v. City of MadisonIndiana Supreme Court · 1881
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Ferris v. Board of EducationMichigan Supreme Court · 1899
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
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