Bartle v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk Pistict Court. This action was brought to recover for washing down the cellar wall and flooding the cellar and destroying vegetables and family .stores of the plaintiff, caused by the alleged unskillful and negligent manner in which the defendant constructed and left the gutters of its streets near the plaintiff’s house.
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Appeal from Polk Pistict Court. This action was brought to recover for washing down the cellar wall and flooding the cellar and destroying vegetables and family .stores of the plaintiff, caused by the alleged unskillful and negligent manner in which the defendant constructed and left the gutters of its streets near the plaintiff’s house. The defendant for answer denied its negligence, and averred that plaintiff was negligent, and by amendment to the-answer set up that the defendant was indebted beyond the limit allowed by the constitution, and had no means to grade its streets and alleys or…
1Opinion of the CourtCole, J.
i. municipal indebtedness stttutionai11" limit. — I. The amendment to the answer set up that at the time of the alleged injury, and long prior thereto, the defendant was indebted beyond the limit allowed ^7 ^113 constitution, and had no money or means unappropriated with which -to make sewers and drains and grade the streets, arid for that reason the streets were not all graded nor the drains and sewers all made. These facts constitute no defense, for that the action is not instituted to recover for a failure to grade the streets or to make gutters, but for doing the grading and making the *416gut…
2Cases cited5 opinions
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
- Simpson v. City of KeokukSupreme Court of Iowa · 1872
- Shephard v. BrentonSupreme Court of Iowa · 1865
- Brown v. Jefferson CountySupreme Court of Iowa · 1864
- Redman & Fear v. Malvin & CloudSupreme Court of Iowa · 1867
3Cited by11 opinions
- Graham v. WorthingtonSupreme Court of Iowa · 1966
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Grand Island & Northern Wyoming Railroad v. BakerWyoming Supreme Court · 1896
- Conner v. City of NevadaSupreme Court of Missouri · 1905
- State v. Board of County CommissionersWyoming Supreme Court · 1898
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