Globe Machinery & Supply Co. v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. The defendant oity, having proceeded in a proper manner to provide for the construction of a viaduct in one of its streets over the tracks of certain railway companies, which viaduct was to be constructed at the expense of such companies, caused proceedings to be instituted for appraising, assessing, and determining the damages caused to property abutting on the street by reason of the construction of such viaduct…
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Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. The defendant oity, having proceeded in a proper manner to provide for the construction of a viaduct in one of its streets over the tracks of certain railway companies, which viaduct was to be constructed at the expense of such companies, caused proceedings to be instituted for appraising, assessing, and determining the damages caused to property abutting on the street by reason of the construction of such viaduct and its approaches. See Code, sections 770-774, as amended by subsequent statutes embodied in Code Supp., sections…
1Opinion of the CourtMcClain, C. J.
The statutory provisions as to taking of private property for public use, which includes Code, section 2007, relating to attorney’s fees in favor of the person whose property is sought to be condemned, evidently have no application to [he assessment of damages to- an abutting property owner resulting from the construction of a viaduct in a public street of a city,- unless, in the statutes relating to viaducts, they' are incorporated by reference. Furthermore, it is plain that, even though the construction of such viaduct may be a change of grade of the street for which the city would be…
2Cases cited5 opinions
- Upton Manuf'g Co. v. HuiskeSupreme Court of Iowa · 1886
- Jones v. School BoardSupreme Court of Iowa · 1908
- Mellichar v. City of Iowa CitySupreme Court of Iowa · 1902
- Byram v. Polk CountySupreme Court of Iowa · 1888
- Funk v. Mercantile Trust Co.Supreme Court of Iowa · 1893
3Cited by2 opinions
- Nichol v. NeighbourSupreme Court of Iowa · 1926
- Western Newspaper Union v. City of Des MoinesSupreme Court of Iowa · 1913