City of Valparaiso v. Kyes
Indiana Court of Appeals
From Porter Superior Court; II. B. Tuthill, Judge. Action by John Kyes against the city of Valparaiso for damages arising from the construction of a drain. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBlack, P. J.
The first paragraph of appellee’s complaint, a demurrer to which for want of sufficient facts was overruled, contained averments that the appellant was, and for more than ten years had been, a municipal corporation under the general laws of this State; that the appellee was, at the time of the grievances complained of and for more than six years prior thereto, the owner in fee simple of certain real estate, described by metes and bounds, in said city; that the appellant caused to be made a surface drain, commencing at the northern limits of the city, and running thence in a southeasterly…
2Cases cited8 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
- O'Brien v. City of St. PaulSupreme Court of Minnesota · 1878
- Fremont, Elkhorn & Missouri Valley Railroad v. MarleyNebraska Supreme Court · 1888
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3Cited by3 opinions
- Luhnow v. HornIndiana Court of Appeals · 2001
- Lund v. Salt Lake CountyUtah Supreme Court · 1921
- City of Tucson v. DunseathArizona Supreme Court · 1914