Stewart v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. G-eorge, Carson, Judge. Action to recover damages alleged to have been caused to the plaintiff’s property by a change in tho established grade of one of the defendant’s streets. There was a trial,by a jury and verdict and judgment for the defendant. The plaintiff appeals.
1Opinion of the CourtGiven, J.
Two questions are discussed, namely, tlie measure of damage in cases like this, and the qualifications of the jurors. The appellant asked an instruction that “the measure of such damage is such sum or.sums as he may have expended, which were necessary for the purpose of putting his property in as good condition as it was before the said change of grade, and also the value of such property as may have been wholly destroyed, and cannot be restored to the condition in which it was before the change of grade was made.” The court refused to give this instruction, and gave the following:
“But when a…
2Cases cited2 opinions
- McCash v. City of BurlingtonSupreme Court of Iowa · 1887
- Meyer v. City of BurlingtonSupreme Court of Iowa · 1879
3Cited by8 opinions
- Richardson v. City of Webster CitySupreme Court of Iowa · 1900
- City of Detroit v. Detroit United RailwayMichigan Supreme Court · 1909
- Preston v. City of Cedar RapidsSupreme Court of Iowa · 1895
- Richardson v. City of Sioux CitySupreme Court of Iowa · 1907
- Meardon v. Iowa CitySupreme Court of Iowa · 1910
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