Richardson v. City of Webster City
Supreme Court of Iowa
Appeal from Hamilton DistHct Court. — Hon. B. P. Birdsahl, Judge. Plaintiff is tbe owner of a tract , of real estate in defendant city wbicb abuts, one side upon division street, and another side on Funk street. On this property is a house, barn, and other improvements, in the way of shrubbery. There were trees, also-, in front of the property, on both streets, just outside the sidewalk line. No grade had been established on either of these streets.
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Appeal from Hamilton DistHct Court. — Hon. B. P. Birdsahl, Judge. Plaintiff is tbe owner of a tract , of real estate in defendant city wbicb abuts, one side upon division street, and another side on Funk street. On this property is a house, barn, and other improvements, in the way of shrubbery. There were trees, also-, in front of the property, on both streets, just outside the sidewalk line. No grade had been established on either of these streets. In the fall of 1897 the defendant city — as claimed, without any ordinance, resolution, or vote authorizing it so to do — cut down and excavated…
1Opinion of the CourtWaterman, J.
1 2 We may concede the ólaim of appellant that, although the act of defendant was wrongful, plaintiff cannot complain of it unless she was injured thereby. But . we think there is evidence of some injury. It is thought, however, the injury was not of such a character as to entitle plaintiff to damages. This point we regard as determined against defendant by the cases of Trustees v. City of Aanamosa, 76 Iowa, 538, and Blanden v. City of Ft. Dodge, 102 Iowa, 441. It is alleged here that plaintiff’s property was made more difficult of access, that a retaining wall was rendered necessary, and…
2Cases cited10 opinions
- Renwick v. D. & N. W. R. Co.Supreme Court of Iowa · 1878
- Hartley v. Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1892
- Finley v. HersheySupreme Court of Iowa · 1875
- Dalzell v. City of DavenportSupreme Court of Iowa · 1861
- Blanden v. City of Fort DodgeSupreme Court of Iowa · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Chicago City Railway Co. v. UhterIllinois Supreme Court · 1904
- Boddy v. HenrySupreme Court of Iowa · 1901
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
- Green v. Advance Homes, Inc.Supreme Court of Iowa · 1980
- Nalon v. City of Sioux CitySupreme Court of Iowa · 1933
18 more not listed; retrieve them via the Exa API.