Damour v. Lyons City
Supreme Court of Iowa
Appeal from, Clinton Circuit Court. The plaintiff claims of defendant damages in the sum of $1,000, alleged to have been sustained at divers times in the years 1872, 1873 and 1874, in consequence of the defendant’s permitting an embankment to be thrown up above the established grade on a street in front of plaintiff’s premises, and constructing-an insufficient culvert for the passage of the surface water, whereby plaintiff’s premises were flooded and his property was…
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Appeal from, Clinton Circuit Court. The plaintiff claims of defendant damages in the sum of $1,000, alleged to have been sustained at divers times in the years 1872, 1873 and 1874, in consequence of the defendant’s permitting an embankment to be thrown up above the established grade on a street in front of plaintiff’s premises, and constructing-an insufficient culvert for the passage of the surface water, whereby plaintiff’s premises were flooded and his property was injured. On the 14th day of September, 1869, the city council of Lyons City passed an ordinance authorizing the Clinton & Lyons…
1Opinion of the CourtDay, J.
I. Appellant insists that the facts proven on the trial do not sustain the verdict. It is claimed that, whilst plaintiff testifies that he sustained certain losses in 1872, it does not appear in his own testimony, or that of any one else, that these losses are attributable to the acts of defendant. The plaintiff, however, does testify that he sustained losses in June, 187J, on account of the negligent acts of defendant, amounting to more than the verdict. It must be presumed that the jury assessed these damages on account of the losses which the testimony charges upon defendant. It is not…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Slatten v. Des Moines Valley R. R.Supreme Court of Iowa · 1870
3Cited by13 opinions
- Marine Ins. v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890
- Spangler v. City of San FranciscoCalifornia Supreme Court · 1890
- Houghtaling v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1902
- Fink v. Missouri Furnace Co.Missouri Court of Appeals · 1881
- Powers v. City of Council BluffsSupreme Court of Iowa · 1878
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