Hempstead v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk Circuit Cotvrt. Action to recover for injuries to certain real estate, caused “by the city changing tbe grade and excavating the streets upon which the property is situated. There was a verdict and judgment for plaintiff in the sum of $2,000. Defendant appeals.
1Opinion of the Court
Beck, Ch. J.
I. The petition alleges that plaintiff has owned the property in question, lots 9, 10, 11 and 12, block 5, .Scott’s addition to the city of Des Moines, since November 11th, 1874; that in 1857 the defendant established the grade -of Walnut and Ninth streets, adjacent to the lots, and re-established the same grade in 1861; that in 1876 defendant changed .the grade of those streets so that they would be excavated *304below the original grade from three to six feet; that the streets-were cut down to the grade established in 1876; that after the-grade was first established, and before the…
2Cases cited2 opinions
- Dalzell v. City of DavenportSupreme Court of Iowa · 1861
- Amsden v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
3Cited by7 opinions
- Richardson v. City of Webster CitySupreme Court of Iowa · 1900
- Des Moines City Railway v. City of Des MoinesSupreme Court of Iowa · 1927
- Stuckey v. JonesCourt of Appeals of Texas · 1922
- Noyes v. Town of Mason CitySupreme Court of Iowa · 1880
- City of Topeka v. SellsSupreme Court of Kansas · 1892
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