McMahon v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Court. — TIon. Fred O’Donnell, Judge. Action for damages occasioned by a fire set out from sparks escaping from the smokestack of a steam road roller, owned and being operated by the city of Dubuque in rolling newly-laid macadam on one of its streets on which the lots of plaintiff abutted. The house thereon, with its contents, was destroyed. The jury returned a verdict for the plaintiff, on which judgment was rendered, and the defendant appeals.
1Opinion of the CourtLadd, J.
1 The household goods and wearing- apparel of the plaintiff and his family were destroyed. These had been used, were worn, and somewhat out of style. Such property has no recognized market value, and recovery must be based on its actual value. Gere v. Insurance Co., 67 Iowa, 272; Clements v. Railway Co., 74 Iowa, 442. To ascertain the actual vahie, it was proper to take into consideration the original cost of the articles, the extent of their use, whether worn or out of date, their condition at the time, and from all these determine what they were fairly worth. The cost alone would not be the…
2Cases cited17 opinions
- International & G. N. R'y Co. v. NicholsonTexas Supreme Court · 1884
- State v. HathawaySupreme Court of Iowa · 1896
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Gere v. Council Bluffs Ins.Supreme Court of Iowa · 1885
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3Cited by55 opinions
- City of Wooster v. ArbenzOhio Supreme Court · 1927
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Barker v. Lewis Storage & Transfer Co.Supreme Court of Connecticut · 1905
- Hourigan v. City of NorwichSupreme Court of Connecticut · 1904
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
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