Hempstead v. City of Des Moines
Supreme Court of Iowa
Appeal From Poll¿ Circuit Court. In 1857, certain lots in the city of Des Moines were owned by one Dr. A. Shaw, who, in 1871, conveyed them to Charles H. Hempstead, and he oivned them up to the time of his death in 1879, when they became the property of the plaintiff. In the year 1857, the city council of the city of Des Moines, by ordinance, established the grade of Walnut street, and improvements were made upon said lots with reference to said grade.
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Appeal From Poll¿ Circuit Court. In 1857, certain lots in the city of Des Moines were owned by one Dr. A. Shaw, who, in 1871, conveyed them to Charles H. Hempstead, and he oivned them up to the time of his death in 1879, when they became the property of the plaintiff. In the year 1857, the city council of the city of Des Moines, by ordinance, established the grade of Walnut street, and improvements were made upon said lots with reference to said grade. In the year 1876, the city council, by ordinance, changed the grade of said street, by lowering it about six feet where the street abuts upon…
1Opinion of the Court
Rothrock, Ch. J. I.
*381. CITIES and towns: change of grade of street: action by property owner. *37The appellant claims that all the plaintiff’s damages were, or at least should have been, com*38Pensated in the former action, and that the judgment in that action is a bar to any further recovery. The position of the appellant is, that the plaintiff’s cause of action arose upon the passage of the ordinance changing the grade of the street, and that an action could then have been brought to recover all the damages which would follow from bringing the street to the established grade. This position of…
2Cited by24 opinions
- Irvine v. City of OelweinSupreme Court of Iowa · 1915
- Schnuettgen v. MathewsonSupreme Court of Iowa · 1929
- Mobile & Ohio Railroad v. MatthewsTennessee Supreme Court · 1905
- Johnston v. Southern Railway Co.Tennessee Supreme Court · 1927
- Campbell v. Wichita Union Terminal Railway Co.Supreme Court of Kansas · 1917
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