Legal Opinion

City of Rawlins v. Jungquist

Wyoming Supreme Court

Decided March 21, 1908Published

ERROR to the District Court, Carbon County, Hon. David H. Craig, Judge. The material facts are stated in the opinion. A city is not liable for damages to abutting property by change in the grade of streets in the absence of some statute or constitutional provision imposing such liability. (2 Dill. Mun.

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ERROR to the District Court, Carbon County, Hon. David H. Craig, Judge. The material facts are stated in the opinion. A city is not liable for damages to abutting property by change in the grade of streets in the absence of some statute or constitutional provision imposing such liability. (2 Dill. Mun. Corp. (4th Ed.), 1214.) Where a constitutional provision is adopted such as Section 33 of Article I'of the Wyoming Constitution, providing that private property shall not be taken or damaged for public or private use without compensation, a liability is usually held to be imposed. But the…

1Opinion

ON PETITION EOR REI-IEARING.

PotteR, Chiee Justice.

The defendant in error has. filed a petition for a rehearing and insists thereby not only that the points involved in the case were incorrectly decided, but that upon the conclusion reached the court should have remanded the cause for a hew trial instead of directing judgment.

1. In the brief in support of the petition we find’ again discussed the effect of plaintiff’s acceptance of the amount *427allowed by the city upon his bill presented in 1902, and it is again insisted that the circumstances do not show a payment and acceptance in satisfaction…

2Cases cited3 opinions

  1. Fulton v. Monona CountySupreme Court of Iowa · 1878
  2. Johnson v. AndersonSupreme Court of Kansas · 1899
  3. Holz v. HansonWisconsin Supreme Court · 1902

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