Reilly v. City of Fort Dodge
Supreme Court of Iowa
Appeal fromWebster District Oourt. — -Hon. S. M.Weaver, Judge. On October 6, 1893, the city council of the defendant city duly adopted and passed an ordinance by which the grade of Eighth street, in said city, was fixed and established. No change has since been made in such established grade. Said Eighth street is ihtersected at right angles by avenues numbered from One to Four, inclusive.
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Appeal fromWebster District Oourt. — -Hon. S. M.Weaver, Judge. On October 6, 1893, the city council of the defendant city duly adopted and passed an ordinance by which the grade of Eighth street, in said city, was fixed and established. No change has since been made in such established grade. Said Eighth street is ihtersected at right angles by avenues numbered from One to Four, inclusive. During all the time in controversy, plaintiff has been the owner of certain lots fronting on said Eighth street, and lying between Third and Fourth avenues. At the time of the passage of said ordinance,…
1Opinion of the CourtBishop, J.
The court below gave to the jury an instruction as follows: “You are instructed that the acts and proceedings of the city council of Ft. Dodge, so far as they have been offered in evidence, were not sufAcient in law to authorize the street commissioner or other city *635officers to. grade and fill the street in front of plaintiff’s property. If you find that by the grading and filling of said street the plaintiff’s property sustained any material injury or damage, the questions then for your consideration, are: First. Was the plaintiff’s said property in fact damaged by reason of the filling and…
2Cases cited10 opinions
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Kepple v. City of KeokukSupreme Court of Iowa · 1883
- Ellis v. Iowa CitySupreme Court of Iowa · 1870
- McManus v. HornadaySupreme Court of Iowa · 1896
- Blanden v. City of Fort DodgeSupreme Court of Iowa · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Talcott Bros. v. City of Des MoinesSupreme Court of Iowa · 1906
- Bass v. City of CasperWyoming Supreme Court · 1922
- Markham v. City of AnamosaSupreme Court of Iowa · 1904
- Ray v. City of HuntingtonWest Virginia Supreme Court · 1918
3 more not listed; retrieve them via the Exa API.