Vanhorn v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk Girewit Gowrt. Action to recover the value of a certain building, and personal property stored therein, which building and property were destroyed by fire. The defendant’s liability is predicated upon the neglect of the Des Moines Water-Works Company to supply sufficient water to extinguish the fire.
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Appeal from Polk Girewit Gowrt. Action to recover the value of a certain building, and personal property stored therein, which building and property were destroyed by fire. The defendant’s liability is predicated upon the neglect of the Des Moines Water-Works Company to supply sufficient water to extinguish the fire. The petition avers, in substance, that the defendant authorized the erection and operation of water works by the Des Moines Water-Works Company, and entered into a contract with the company to supply the fire department of the city with a certain quantity of water for the…
1Opinion of the CourtAdams, J.
*4491. Cities and Towns: liability of for inadequate supply of water to extinguish fires. *448The defendant was authorized by law to provide for the supply of water for the extinguishment of fires, *449and to levy a tax to defray the expenses. Having undertaken to provide for such supply, and having levied a tax to defray the expenses, the plaintiff-contends that the city became liable for a lack of supply, upon the same principle that cities are liable for personal injuries sustained by reason of defective streets and sidewalks.
But the power on the part of a municipal corporation to provide for the…
2Cases cited2 opinions
- Tainter v. City of WorcesterMassachusetts Supreme Judicial Court · 1877
- Dubuque Wood & Coal Ass'n v. City & County of DubuqueSupreme Court of Iowa · 1870
3Cited by30 opinions
- House v. Houston Waterworks CompanyTexas Supreme Court · 1895
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Becker v. Keokuk WaterworksSupreme Court of Iowa · 1890
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
- Town of Ukiah City v. Ukiah Water & Improvement Co.California Supreme Court · 1904
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