Field v. City of Des Moines
Supreme Court of Iowa
Appeal from Polls Circuit Oou/rt. On the 17th- day of January, 1874, the plaintiff filed his petition stating, in substance, that the defendant is a municipal. corporation, organized under the laws of Iowa; that on the 4th day of July, 1872, there was a fire in progress within the limits of the city, and near the buildings of the plaintiff; that there was then in force an ordinance of the city, passed December 10th, 1868, entitled “An ordinance establishing and regulating a…
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Appeal from Polls Circuit Oou/rt. On the 17th- day of January, 1874, the plaintiff filed his petition stating, in substance, that the defendant is a municipal. corporation, organized under the laws of Iowa; that on the 4th day of July, 1872, there was a fire in progress within the limits of the city, and near the buildings of the plaintiff; that there was then in force an ordinance of the city, passed December 10th, 1868, entitled “An ordinance establishing and regulating a Eire Department,” Section 16 of which is as follows : “ The engineer in command, or in the absence of the engineer, the…
1Opinion of the Court
Miller, Ch. J.
I. That any persons may “ raze houses to the ground to prevent the spreading of a conflagration,” without incurring any liability for the loss to .the owner of the. houses destroyed, is a doctrine well established in the common law. The maxim of the law is, that' “ a private mischief is to be endured rather than a public inconvenience.” 2 Kent’s.Com., 338. Lord Coke says: “For the Commonwealth, a man shall suffer damage; as for the saving of a city or town, a house shall be plucked down if the next be on fire. This every man may do, without being liable to an action.” Mouse's…
2Cases cited12 opinions
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Brinkmeyer v. City of EvansvilleIndiana Supreme Court · 1867
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Mayor of New York v. LordNew York Supreme Court · 1837
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Allen v. City of DetroitMichigan Supreme Court · 1911
- Baumgartner v. HastyIndiana Supreme Court · 1885
- City of Chicago v. JacksonIllinois Supreme Court · 1902
- Hyre v. BrownWest Virginia Supreme Court · 1926
- Phillips v. HarrowSupreme Court of Iowa · 1894
16 more not listed; retrieve them via the Exa API.