Stewart v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottcnoattamie Circuit Court. ' , The plaintiff shows in his petition that he is the owner of •certain real estate, including buildings and machinery in the city of Council Bluffs,, used by him in the business of pork.paeking; that in 1876 the city determined to change the course of .a certain creek flowing through the city by the construction of a ditch; that the construction /of, the ditch was desirable for tbe city as a protection to its health and for its…
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Appeal from Pottcnoattamie Circuit Court. ' , The plaintiff shows in his petition that he is the owner of •certain real estate, including buildings and machinery in the city of Council Bluffs,, used by him in the business of pork.paeking; that in 1876 the city determined to change the course of .a certain creek flowing through the city by the construction of a ditch; that the construction /of, the ditch was desirable for tbe city as a protection to its health and for its safety,' aiid desirable for the plaintiff as facilitating his business as- a pork-packer, and enabling him to do summer…
1Opinion of the CourtAdams, J.
1. municipal iC)owe"-saíf°c'ity: damages. The city doubtless had the power to make the improvement if necessary for the health or safety of the city, an<^ ^ so ^ ^a<^ ^ie Power to incur such reason-a^e expense as might be necessary to obtain á right of way. We see no objection to the city’s agreeing to issue a warrant to the plaintiff to reimburse him for his expenditure or service in procuring a right of way, and that is as far, we think, as the city had the power to go. It appears to us indeed to be doubtful whether the city intended to obligate itself to the plaintiff to complete the…
2Cited by2 opinions
- Tuttle Bros. & Bruce v. City of Cedar RapidsCourt of Appeals for the Eighth Circuit · 1910
- Wheeler v. City of Sault Ste. MarieMichigan Supreme Court · 1911