City of Rawlins v. Jungquist
Wyoming Supreme Court
ERROR to the District Court, Carbon County, Hon. David H. Craig, Judge. The material facts are stated in the opinion. A city is not liable for damages to abutting property by change in the grade of streets in the absence of some statute or constitutional provision imposing such liability. (2 Dill. Mun.
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ERROR to the District Court, Carbon County, Hon. David H. Craig, Judge. The material facts are stated in the opinion. A city is not liable for damages to abutting property by change in the grade of streets in the absence of some statute or constitutional provision imposing such liability. (2 Dill. Mun. Corp. (4th Ed.), 1214.) Where a constitutional provision is adopted such as Section 33 of Article I'of the Wyoming Constitution, providing that private property shall not be taken or damaged for public or private use without compensation, a liability is usually held to be imposed. But the…
1Opinion of the Court
Scott, Justice.
This action was commenced in the district court of Carbon County by AVilliam Jungquist, the defendant in error, as plaintiff, against the City of Rawlins, plaintiff in error, as defendant, to recover for alleged damages to his property by reason of lowering the grade of streets adjacent thereto in accordance with an ordinance of the city.
From the record it appears that for many years Jungquist has been and is the owner of a lot of 24 feet frontage on Fifth street and extending back along Cedar street with the same width in the rear and to a depth of 132 feet. The lot was…
2Cases cited18 opinions
- Stark v. StarrSupreme Court of the United States · 1877
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- City of Lafayette v. NagleIndiana Supreme Court · 1888
- Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
- Cook v. City of AnsoniaSupreme Court of Connecticut · 1895
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- Crilly v. RuyleNebraska Supreme Court · 1910
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