Hendershott v. City of Ottumwa
Supreme Court of Iowa
Appeal from Wapello District Court. Plaintiff is the owner of two lots in the city of Ottumwa, which front on fifth street. Upon the front line of said lots there is an Osage orange hedge. For the purpose of improving the street for public travel, the city raised the natural grade in front of plaintiff’s.lots about twelve feet. The crown of the embankment was made the full width of the street.
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Appeal from Wapello District Court. Plaintiff is the owner of two lots in the city of Ottumwa, which front on fifth street. Upon the front line of said lots there is an Osage orange hedge. For the purpose of improving the street for public travel, the city raised the natural grade in front of plaintiff’s.lots about twelve feet. The crown of the embankment was made the full width of the street. This could not be done without so depositing the earth that it rolled over upon plaintiff’s lots while the work of filling up the street was in progress. The effect of thus filling the street was, that…
1Opinion of the CourtRothrock, J.
l municipal ira(ieraof>n: tora1liace3ntT i°ís. It is claimed upon the part of plaintiff that depositing the earth so as to roll down the sides of the em-hanlcment upon his lots was a direct injury, for which the city is liable. Counsel for defendant claims that the city had the right to widen the top of the embankment to the full width of the street, and was not bound to erect a wall or barrier to prevent the earth deposited on the embankment from rolling down upon plaintiff’s lots.
The court instructed the jury in accord with plaintiff’s theory. This is the only question in the case.
It is…
2Cases cited5 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Taylor v. City of St. LouisSupreme Court of Missouri · 1851
- Ellis v. Iowa CitySupreme Court of Iowa · 1870
3Cited by15 opinions
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Platter v. City of SeymourIndiana Supreme Court · 1882
- Vanderlip v. City of Grand RapidsMichigan Supreme Court · 1889
- Wendel v. Spokane CountyWashington Supreme Court · 1902
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