Legal Opinion

Waterbury v. Morphew

Supreme Court of Iowa

Decided March 9, 1910PublishedCited by 2 opinions

Appeal from Floyd District Court. — Hon. Clieeord P. • Smith, Judge. Suit to recover damages for the wrongful destruction of shade trees. The defendant appeals from a judgment in favor of .the plaintiff.

1Opinion of the CourtSherwin, J.

The plaintiff was the owner of property situated on ilawkeye Street, in Nora Springs, Iowa; such street being the main street of the town. His property fronted west, and along the west end thereof there was a plank sidewalk ten feet wide. There were four or five small cottonwood trees in the street in front of his premises, all situated within the plank walk, and about a foot from the outer edge thereof. • On the 5th of June, 1907, the city council of the town passed an ordinance providing for a cement walk along this property. Said ordinance contained the following provision: “That the side…

2Cases cited3 opinions

  1. Gallaher v. City of JeffersonSupreme Court of Iowa · 1904
  2. Kemp v. City of Des MoinesSupreme Court of Iowa · 1904
  3. Burget v. Incorporated Town of GreenfieldSupreme Court of Iowa · 1903

3Cited by2 opinions

  1. Bowman v. City of WaverlySupreme Court of Iowa · 1910
  2. Kaynor v. District CourtSupreme Court of Iowa · 1916

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