Miller Grocery Co. v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — J. D. Wallingford, Judge. Action for damages caused by the flooding of the basement of appellee’s building, the same being caused by a hydrant in the street near appellee’s property which became loosened from the water pipe, thus permitting the water to escape. Verdict for the plaintiff, and defendant appeals.'
1Opinion of the Court
Faville, J.-
1. Municipal CORPORATIONS : governmental and proprietary functions: negligence in re waterworks. The appellee is a corporation engaged in the wholesale grocery. business. It occupies a building located at the intersection of West Eighth and Elm Streets in the city of Des Moines. The building consists of three stories and a basement, and is used by the appellee for the storage of merchandise. In front of appellee’s property, Eighth Street is filled about 8% feet above the natural level of the ground. A hydrant is located on Eighth Street, about 10 feet east of appellee’s building…
2Cases cited14 opinions
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Davoust v. City of AlamedaCalifornia Supreme Court · 1906
- Fisher v. New Bern.Supreme Court of North Carolina · 1906
- Piper v. City of MadisowWisconsin Supreme Court · 1909
- City of Chicago v. Selz, Schwab & Co.Illinois Supreme Court · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Taber v. City of Benton HarborMichigan Supreme Court · 1937
- Rowley v. City of Cedar RapidsSupreme Court of Iowa · 1927
- Mocha v. City of Cedar RapidsSupreme Court of Iowa · 1927
- City of Spencer Ex Rel. Spencer Municipal Utilities v. Hawkeye Security Insurance Co.Supreme Court of Iowa · 1974
- Norman v. City of CharitonSupreme Court of Iowa · 1926
17 more not listed; retrieve them via the Exa API.