Dalzell v. City of Davenport
Supreme Court of Iowa
Appeal from Scott District Court. The plaintiff seeks to recover damages done to his premises in the City of Davenport, by reason of a change of grade. Judgment for defendant, and plaintiff appeals, assigning for error the action of the court below in receiving testimony, giving certain instructions and overruling his motion for a new trial.
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Appeal from Scott District Court. The plaintiff seeks to recover damages done to his premises in the City of Davenport, by reason of a change of grade. Judgment for defendant, and plaintiff appeals, assigning for error the action of the court below in receiving testimony, giving certain instructions and overruling his motion for a new trial. I. The court will not permit a witness to give his opinion in answer to an inquiry which embraces the whole merits of of the case and leaves nothing for the jury to decide. Whit-more v. Bowman, 4 G. Greene 148 ; Palamourges v. Clark, 9 Iowa 16, and the…
1Opinion of the CourtWright, J.
By § 8 of chap. 90 Laws 1857, p. 95 it is declared, that “ In any case where a grade has been established by the city engineer, and any person has built or made any improvements on a street according to said grade, and the city authorities shall alter said grade in such a manner as to injure or diminish the value of said property, said city shall pay to the owner or owners of said -property so injured, the amount of such damages or injury.” In giving a construction to this section the court instructed the jury, that in estimating damages they would consider only the injury done to…
2Cases cited2 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Sater v. Burlington & Mount Pleasant Plank Road Co.Supreme Court of Iowa · 1855
3Cited by13 opinions
- Blair v. City of CharlestonWest Virginia Supreme Court · 1896
- Richardson v. City of Webster CitySupreme Court of Iowa · 1900
- Hartley v. Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1892
- Croft v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- De Wald v. IngleWashington Supreme Court · 1903
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