Landis v. City of Marion
Supreme Court of Iowa
Appeal from Linn District Court. — John T. Moppit, Judge. Action to recover damages occasioned to abutting property by cutting or excavating a street below the established grade. There was a directed verdict, and from the judgment thereon, plaintiff appeals.
1Opinion of the CourtWeaver, J.
táfuMcatci'-res sessmenffap-' by^nauthofnfed grade.6 °f The plaintiff owns residence property at the comer of Ninth Avenne and Eighth Street in the city of Marion. The grade of these streets was established prior to matters of which plaintiff complains. The earlier improvements on the property were made before the grade was established, and, when the streets were brought down to accord therewith, they were depressed some 3 or 4 feet below the natural level of plaintiff’s lots. It is her claim that she then adjusted her property to this changed condition, constructed permanent sidewalks at the…
2Cases cited4 opinions
- Armstrong v. ColbySupreme Court of Vermont · 1875
- Poole, Gilliam & Co. v. SeneySupreme Court of Iowa · 1886
- Landis v. City of MarionSupreme Court of Iowa · 1916
- Thornton v. WebbSupreme Court of Minnesota · 1868