McCash v. City of Burlington
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. The plaintiff is the owner of a lot which abuts on Jefferson street, in the city of Burlington. There is a brick block of buildings upon the lot, which is used for business purposes. The grade of Jefferson street was first established by the city in the year 1858. In 1866 the city changed the grade. In 1868 the plaintiff erected the block upon the lot, and in 1873 the building was destroyed by fire, and rebuilt.
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Appeal from Des Moines Circuit Court. The plaintiff is the owner of a lot which abuts on Jefferson street, in the city of Burlington. There is a brick block of buildings upon the lot, which is used for business purposes. The grade of Jefferson street was first established by the city in the year 1858. In 1866 the city changed the grade. In 1868 the plaintiff erected the block upon the lot, and in 1873 the building was destroyed by fire, and rebuilt. In 1884 the city again changed the grade, so that the plaintiff’s building is below the established grade; and to make the block suitable for…
1Opinion of the CourtRothrock, J.
I. It is provided by section 469 of the Code “ that when any city or town shall have established the grade of any street or alley, and any person shall have built or made any impi’ovements on such street or alley according to the established grade thereof, and such city or town shall alter such established grade in such a manner as to injure or diminish the value of said propertjq said city or town shall pay to the owner, or owners of said property so injured the amount of such damage or injury. * * *”
The question, and the only question, to be determined by the jury was, whether the…
2Cited by9 opinions
- Lamasters v. SpringerSupreme Court of Iowa · 1959
- State v. FosterSupreme Court of Iowa · 1907
- City of Detroit v. Detroit United RailwayMichigan Supreme Court · 1909
- Foedisch v. Chicago & North-Western Railway Co.Supreme Court of Iowa · 1897
- State v. AllenSupreme Court of Iowa · 1893
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