Legal Opinion

Hoppes v. Des Moines City Railway Co.

Supreme Court of Iowa

Decided June 10, 1910PublishedCited by 1 opinion

Appeal from Polh District Court. — Hon. Hugh Brennan, Judge. Action for damages resulted in a judgment against defendant, from which it appeals.

1Opinion of the CourtLadd, J.

The ease is peculiar, in that no cause of action was stated in the petition. In the first count plaintiff claimed damages “by reason of overflow of surface water overflowing his lots . , . by reason of the- stopping of the natural course of the water flow at East Thirtieth and North streets, city of Des Moines.” In the second count the claim is for damages to the lots of B. F. Plummer, alleged to have been assigned to plaintiff, and “by reason of damages sustained” by Plummer “by reason of the overflow of surface water on his property, . . . causing the interference and hindrance of the…

2Cases cited8 opinions

  1. McMahon v. City of DubuqueSupreme Court of Iowa · 1898
  2. Tretter v. Chicago Great Western Ry. Co.Supreme Court of Iowa · 1910
  3. Hoyt v. HoytSupreme Court of Iowa · 1886
  4. Buce v. Incorporated Town of EldonSupreme Court of Iowa · 1904
  5. McFarland v. City of MuscatineSupreme Court of Iowa · 1896

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3Cited by1 opinion

  1. Smiley v. ScottSupreme Court of Oklahoma · 1916

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