Waller v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Court. Action for damages alleged to have been sustained through the negligence of the city engineer of the defendant city. The defendant demurred to the plaintiff’s petition, and the demurrer was sustained. The plaintiff elected to stand upon his petition, and judgment was rendered against him for costs. He appeals.
1Opinion of the Court
Adams, Oii. J.
Tlie plaintiff averred in bis petition, in substance, that there was an ordinance of tbe city providing for tlie appointment of a city engineer; that by the ordinance it was made the duty of the engineer, when required by any person so to do, to fix and determine, according to the plat of the city, tlie corners of any lot within the city where the grade of the street had been established, and to fix a stake at each corner, on the front and rear of the lot, marking thereon the number of feet or inches the tops of such stakes are above or below the grade, and to charge for such…
2Cases cited3 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Kobs v. City of MinneapolisSupreme Court of Minnesota · 1875
- McCarty v. BauerSupreme Court of Kansas · 1865
3Cited by3 opinions
- Shinnick v. City of MarshalltownSupreme Court of Iowa · 1908
- Sargent v. City of TacomaWashington Supreme Court · 1894
- Reese v. City of LincolnNebraska Supreme Court · 1916