St. Joseph & Grand Island Railway Co. v. City of Hiawatha

The opinion of the court was delivered by

Burch, J.:

The action was one to enjoin the city from constructing a sewer across certain lots belonging to the defendant. An injunction was refused, and the defendant appeals.

The city is given power to construct sewers and drains and to exercise the right of eminent domain for any necessary municipal purpose. When the right of eminent domain is exercised the city is required to make adequate compensation for property taken or injured and a tribunal is provided for the assessment of damages. In making the assessment of damages *472benefits resulting from…