Western Newspaper Union v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon, Hugh Brennan, Judge. TnE City of Des Moines instituted condemnation proceedings to award tbe damages to plaintiff’s leasehold, due to the construction of a viaduct over certain railway tracks in the City of Des Moines.
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Appeal from Polk District Court. — Hon, Hugh Brennan, Judge. TnE City of Des Moines instituted condemnation proceedings to award tbe damages to plaintiff’s leasehold, due to the construction of a viaduct over certain railway tracks in the City of Des Moines. The defendant sheriff selected a jury, which awarded the plaintiff the sum of $2,000. From this assessment the City appealed to the District Court, and upon trial to a jury, in that court, a verdict was returned, finding that plaintiff suffered no damages, and a judgment was accordingly entered against it for all of the costs of the…
1Opinion of the CourtDeemer, J.
— In tlie year 1903, plaintiff, a corporation, made a fifteen-year lease of a building owned by one F. M. Hubbell, which building was two stories high, with a basement, located upon a lot facing upon West Seventh street, in the city of Des Moines. This building faced east and' was sixty feet in width and one hundred and thirty-two in depth, with a subbasement of some height. The lessor agreed to keep the roof and outside walls, which were of brick, in repair, and the lessee was to make all other repairs; aside from this, the lessor reserved the right to make such repairs as he wished. The…
2Cases cited26 opinions
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Brand v. Multnomah CountyOregon Supreme Court · 1900
- Sears v. CrockerMassachusetts Supreme Judicial Court · 1904
- Home Building & Conveyance Co. v. City of RoanokeSupreme Court of Virginia · 1895
- Stack v. City of East St. LouisIllinois Supreme Court · 1877
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3Cited by4 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Ritchhart v. BartonSupreme Court of Iowa · 1922
- Corcoran v. City of Des MoinesSupreme Court of Iowa · 1927