Paine v. Incorporated Town of Lettsville
Supreme Court of Iowa
Appeal from Louisa District Court. — TIon. Ben McCoy, Judge. Action at law to recover for damages' alleged to have been caused to a town lot by an unauthorized change of the grade of a street. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals-.
1Opinion of the CourtRobinson, J.
1 The defendant is an incorporated town of this state, and the plaintiff is the owner of a lot and store building which front on one of its streets. There is no ordinance fixing any grade in the town. In the latter part of the year 1894, the defendant caused changes, to be made in the street in front of the property of the plaintiff. He claims that the building on his lot, including brick foundation *482walls, was constructed with reference to the natural surface of the lot and street; that the defendant unlawfully excavated the street in front of his premises to a depth of three feet below the…
2Cases cited4 opinions
- Duncombe v. PowersSupreme Court of Iowa · 1888
- State v. HelvinSupreme Court of Iowa · 1884
- Kidd v. American Pill & Medicine Co.Supreme Court of Iowa · 1894
- Smith v. C., M. & St. P. Railway Co.Supreme Court of Iowa · 1883