Wilber v. City of Fort Dodge
Supreme Court of Iowa
Appeal from ~Webster District Court. — HoN. S. M. Weaver, Judge. FlaiNTIee is the owner of lot 1, block 56, original town of Ft. Dodge. -Said lot faces east on Eighth street, and is bounded on the south by Third avenue. It extends to the west one hundred and twenty feet to a north and south alley.
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Appeal from ~Webster District Court. — HoN. S. M. Weaver, Judge. FlaiNTIee is the owner of lot 1, block 56, original town of Ft. Dodge. -Said lot faces east on Eighth street, and is bounded on the south by Third avenue. It extends to the west one hundred and twenty feet to a north and south alley. This action is brought to recover damages to said lot occasioned by the raising of the physical grade of said street, avenue, and alley, There was a jury trial, and verdict and judgment for plaintiff. The defendant appeals.
1Opinion of the CourtBishop, C. J.
The petition is in two counts. In the first count, damages in the sum of $2,000 are claimed on account of the change made by the city in filling the street and avenue by which plaintiff’s lot is bounded. Under this count and the answer thereto, the case made is substantially the same as that in Reilly v. Ft. Dodge, 118 Iowa, 633. The lot involved in the Reilly Case and the lot owned by this plaintiff adjoin, and the street grading, on account of which damages were sought to be recovered by Reilly, was the same general piece of work in connection with the performance of which this plaintiff…
2Cases cited8 opinions
- Richardson v. City of Webster CitySupreme Court of Iowa · 1900
- Kepple v. City of KeokukSupreme Court of Iowa · 1883
- Ellis v. Iowa CitySupreme Court of Iowa · 1870
- Blanden v. City of Fort DodgeSupreme Court of Iowa · 1897
- Ross v. City of ClintonSupreme Court of Iowa · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Markham v. City of AnamosaSupreme Court of Iowa · 1904
- Woods v. Incorporated Town of State CentreSupreme Court of Iowa · 1957
- Shelby v. City of BurlingtonSupreme Court of Iowa · 1904
- Collins v. City of Iowa FallsSupreme Court of Iowa · 1910
2 more not listed; retrieve them via the Exa API.