Getchell v. Benedict
Supreme Court of Iowa
Appeal from Polk Circuit Court. Action for the abatement of a nuisance committed in obstructing, by a fence, a public highway and to recover damages resulting therefrom to plaintiffs. There was a verdict and judgment for plaintiffs. Defendant appeals. The facts of the case, so far as they are involved in the questions ruled by the court, appear in the opinion.
1Opinion of the CourtBeck, J.
I. The petition alleges that plaintiffs are the owners of lot 11, block 2, of Savery’s Park Addition to the city of Des Moines, upon which there are three buildings and other improvements; that north and west of the lots, are highways opened and dedicated to the public by Lyon, the grantor of Savery, long before the latter acquired the property and platted it as an addition to the city; that the street west of plaintiffs’ property was called Railroad street and the dedication thereof was accepted by the city and work was done and repairs and improvements were made by the city upon that part…
2Cases cited2 opinions
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Simplot v. City of DubuqueSupreme Court of Iowa · 1878
3Cited by10 opinions
- Rhodes v. Town of BrightwoodIndiana Supreme Court · 1896
- Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Smith v. City of OsageSupreme Court of Iowa · 1890
- Snouffer v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1902
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