Legal Opinion

Chiesa & Co. v. City of Des Moines

Supreme Court of Iowa

Decided December 14, 1912PublishedCited by 18 opinions

, Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. Action at law to recover damages alleged to have been sustained by the plaintiffs because of a change made by the city in the street grade fronting a certain lot and building occupied by the plaintiffs as tenants for years of the fee owner. There was a verdict and judgment for plaintiffs, and defendant appeals.

1Opinion of the CourtWeaver, J.

The property in question abuts upon East Locust street, one of the principal streets of Des Moines, and near the east end of the bridge which carries said street over the Des Moines river. As originally established, the grade sloped downward somewhat rapidly from the bridge eastward to a point near the property in question, whence it followed an ascending slope for a distance of several blocks. Adjacent to this grade the lot in question had been improved by the .erection of a building. The plaintiff acquired the possession and use of the lot, as thus improved, in April, 1907, under lease from…

2Cases cited18 opinions

  1. Adams v. BealeSupreme Court of Iowa · 1865
  2. Cotes v. City of DavenportSupreme Court of Iowa · 1859
  3. Lozo v. SutherlandMichigan Supreme Court · 1878
  4. Board of Commissioners v. LaboreSupreme Court of Kansas · 1887
  5. Gitchell v. KreidlerSupreme Court of Missouri · 1884

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3Cited by18 opinions

  1. Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
  2. Wilson v. FlemingSupreme Court of Iowa · 1948
  3. South Iowa Methodist Homes, Inc. v. Board of ReviewSupreme Court of Iowa · 1965
  4. Thompson v. City of MobileSupreme Court of Alabama · 1941
  5. State Ex Rel. City of Miles v. Northern Pacific Railway Co.Montana Supreme Court · 1930

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