Incorporated Town of Nevada v. Hutchins
Supreme Court of Iowa
Afjpeal from Story Circuit Court. The defendant is the owner of a hotel in the town of Nevada. In front of the building there is a porch, and steps thereto, which extend beyond the line of defendant’s lot and into the adjacent street about eight feet, and which totally obstruct that part of the street covered by them, the porch being some four or five feet above the level of the street.
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Afjpeal from Story Circuit Court. The defendant is the owner of a hotel in the town of Nevada. In front of the building there is a porch, and steps thereto, which extend beyond the line of defendant’s lot and into the adjacent street about eight feet, and which totally obstruct that part of the street covered by them, the porch being some four or five feet above the level of the street. Under the porch and within the street there is an excavation made for the purpose of an entrance or passage-way to the basement of the hotel. An information was filed against the defendant under an ordinance…
1Opinion of the CourtEothrock, J.
I. The ordinance upon which the prosecution is based, so far as applicable to the case, is as follows:
l. cities and towns: power anees. “Sec. 87. (1.) Be it ordained by the town council of the incorporated town of Nevada, that if any person shall place any obstruction or excavation on any street, sidewalk ^ or alley within said town, or die: up or excavate, or shall keep any such obstruction in any street, sidewalk or alley, either by excavation or otherwise (except it be for a reasonable time in receiving or discharging freight or other goods, and the erection of buildings), he shall be…
2Cases cited5 opinions
- Town of Bloomfield v. TrimbleSupreme Court of Iowa · 1880
- City of Mount Pleasant v. BreezeSupreme Court of Iowa · 1860
- City of Chariton v. BarberSupreme Court of Iowa · 1880
- Town of New Hampton v. ConroySupreme Court of Iowa · 1881
- City of Centerville v. MillerSupreme Court of Iowa · 1881
3Cited by5 opinions
- Town of Neola v. ReichartSupreme Court of Iowa · 1906
- State Ex Rel. Lamey v. YoungMontana Supreme Court · 1925
- City of Knoxville v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1891
- City of Yankton v. DouglassSouth Dakota Supreme Court · 1896
- Incorporated Town of Sibley v. LastricoSupreme Court of Iowa · 1904