Perry v. Castner
Supreme Court of Iowa
Appeal from Monroe District Court.— Hon. C. W. Vermillion, Judge. The plaintiff is owner of lot 5 and a strip eleven feet wide off the west side of lot 6, in block 11, in the Hirst Survey of the city of Albia, having a north frontage on Washington street of forty-four feet. Thereon is a double two-story brick building covering the ground from the street back ninety feet.
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Appeal from Monroe District Court.— Hon. C. W. Vermillion, Judge. The plaintiff is owner of lot 5 and a strip eleven feet wide off the west side of lot 6, in block 11, in the Hirst Survey of the city of Albia, having a north frontage on Washington street of forty-four feet. Thereon is a double two-story brick building covering the ground from the street back ninety feet. The first story is divided lengthwise into two rooms, each twenty-two feet in width, with large show windows in front, used by tenants for display of goods and wares to attract customers and draw trade. The defendant Castner…
1Opinion of the CourtLadd, J.
Nor the purposes of the ruling on the demurrer the allegations of the pleadings in so far as they assert *389the excavation of the opening in the street, the construction of the down stairway, and the railing about it, and that these occasioned injury to plaintiff distinct from that to the general public, must be accepted as true. Possibly some difficulty may be experienced in the proof, but with that we have no concern at this time. ,The sole question, then, is whether, conceding the facts to be as stated, the permission granted by the city council affords any defense. It may be safely laid down…
2Cases cited23 opinions
- Smith v. McDowellIllinois Supreme Court · 1893
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- Schopp v. City of St. LouisSupreme Court of Missouri · 1893
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