Legal Opinion

City of Cincinnati v. Evans

Ohio Supreme Court

Decided December 15, 1855PublishedCited by 45 opinions

In error to the Superior Court of Cincinnati. In the year 1852, the city of Cincinnati, by order of the city council, removed the front of a storehouse belonging to Platt Evans, on Main street, in the city, and in which he was, at the time, carrying on the business of a merchant tailor.

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In error to the Superior Court of Cincinnati. In the year 1852, the city of Cincinnati, by order of the city council, removed the front of a storehouse belonging to Platt Evans, on Main street, in the city, and in which he was, at the time, carrying on the business of a merchant tailor. Evans brought an action against the city to recover for the injuries he sustained by the removal of the front of his building, and the consequent interruption to the business he was conducting in it. The case came to trial to a jury in the superior court of Cincinnati at special term in December, 1854. It…

1Opinion of the CourtRanney, C. J.

But two questions have been pressed upon our attention in the argument of the plaintiff’s counsel — the one going to the defendant’s right of action, and the other to the measure of his damages. The action in the court below, was brought against the city to recover for injuries sustained in the removal of the front of a store building by the order of the council, and the consequent interruption to the business of the defendant, which he was prosecuting in it, until the injury could be repaired. On the part of city, it was claimed that the part of the building which they caused to be removed,…

2Cases cited7 opinions

  1. The Amiable NancySupreme Court of the United States · 1818
  2. Smith v. CondrySupreme Court of the United States · 1843
  3. Williamson v. BarrettSupreme Court of the United States · 1852
  4. La Amistad De Rues.-Almiral, LibellantSupreme Court of the United States · 1820
  5. The Anna MariaSupreme Court of the United States · 1817

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3Cited by45 opinions

  1. Mellinger v. City of Houston (Tex. 1-18-1887)Texas Supreme Court · 1887
  2. Metropolitan Railroad v. District of ColumbiaSupreme Court of the United States · 1889
  3. Lane v. KennedyOhio Supreme Court · 1861
  4. Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
  5. City of Wheeling v. CampbellWest Virginia Supreme Court · 1877

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