Chamberlain v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. A. Dudéey, Judge. Action at law to recover damages of the city of Des Moines for changing the grade of a street in front of plaintiff’s property. Verdict and judgment for the plaintiff, and defendant city appeals.
1Opinion of the CourtDeemer, C. J.
The sole question involved on this appeal is the right of plaintiff, whose property was damaged by a change in the grade of a street, to recover interest on the amount of damages allowed.
In the first draft of its instructions, the trial court prepared one allowing the jury to assess interest on the amount found as damages to the property from the time the actual change of grade was made down to the time of verdict. On objections of the attorneys for the city, this instruction was not given and the jury was directed to allow plaintiff simply the difference in the value of the property…
2Cases cited13 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Collins v. Gleason Coal Co.Supreme Court of Iowa · 1908
- Hollingsworth v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884
- Black v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1903
- Peabody v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
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3Cited by8 opinions
- Farm Bureau Mutual Insurance Co. v. MilneSupreme Court of Iowa · 1988
- Beal v. Iowa State Highway CommissionSupreme Court of Iowa · 1930
- Northwestern Ice & Cold Storage Co. v. Multnomah CountyOregon Supreme Court · 1961
- Strange Bros. Hide Co. v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Cohen v. HaydenSupreme Court of Iowa · 1916
3 more not listed; retrieve them via the Exa API.