Atchison Ice Co. v. City of Atchison

The opinion of the court was delivered by

Thiele, J.:

The appeals here considered arise from two separate actions, not consolidated for any purpose, but which involve the same question of law, and are therefore disposed of in one opinion. In each case the plaintiff commenced an action to recover damages for an alleged change of grade of a city street. The city’s demurrer to each petition was overruled and the appeals followed.

From each petition it is deducible that many years ago the city passed an ordinance establishing the grade of Fifth Street at all points involved and improved the street…