Caldwell v. Town of Nashua
Supreme Court of Iowa
Appeal from Chicicasaw District Court. — HoN. L. E. Fellows, Judge. ActioN to recover damages, caused by a change in the surface of a street. There was a trial to a jury, and a verdict and judgment in favor of plaintiffs. The defendant appeals.
1Opinion of the CourtBishop, J.
Plaintiffs own certain improved lots within the corporate limits of the defendant town. Such lots face east, and abut on one of the public streets of said town. No fixed grade for said street has ever been established in the manner required by law. It seems, however, that some twenty-five years ago, by the common consent of P. H. Caldwell — father of plaintiffs, and then owner of the property — and the defendant town, the street was cut or graded down so that the center and east portion thereof *180was about nine feet below the general level of the lots; that next to the line of the Caldwell lots…
2Cases cited3 opinions
- Blanden v. City of Fort DodgeSupreme Court of Iowa · 1897
- Trustees of the Diocese v. City of AnamosaSupreme Court of Iowa · 1889
- Eckert v. Incorporated of WalnutSupreme Court of Iowa · 1902
3Cited by7 opinions
- State v. CrouchSupreme Court of Iowa · 1906
- State ex rel. Gregory v. BoydIndiana Supreme Court · 1909
- Skinner v. CronSupreme Court of Iowa · 1927
- Elmore v. Des Moines City Railway Co.Supreme Court of Iowa · 1929
- Frank v. MatthiesenOregon Supreme Court · 1925
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