Podhaisky v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District Court. — ITon. PI. M. Remley, Judge. Action at' law to recover for injuries alleged to have been caused by negligence and wrongful acts on the part of the defendant in connection with one of its streets. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the Court
Robinson, J.'
The evidence tends to establish the following facts: The plaintiff is the owner of one entire lot and parts of four other lots, which are situated about 1,200 feet west of the Cedar river. They are between Third and Fourth streets, and front southward on E avenue, which extends from the river westward, and is commonly known as the “Vinton Ditch.” It was, at one time, a part of the Vinton road, but about the year 1864 it commenced to wash out from a point a considerable distance west of the river, and in the spring of the year 1868 the ditch thus made reached the river.' Since…
2Cases cited4 opinions
- Trapnell v. City of Red Oak JunctionSupreme Court of Iowa · 1888
- Reed v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- Moffitt v. CresslerSupreme Court of Iowa · 1859
- Stein v. City of Council BluffsSupreme Court of Iowa · 1887
3Cited by3 opinions
- Will of Knox v. KnoxSupreme Court of Iowa · 1904
- Correll v. City of Cedar RapidsSupreme Court of Iowa · 1900
- Hanley v. Ft. Dodge Light & Power Co.Supreme Court of Iowa · 1906