Prosser v. City of Ottumwa
Supreme Court of Iowa
Appeal from, Wapello District Court. Action at law. Thepetition alleges that defendant is charged with the duty of keeping in’ repair the streets within its limits, and that for years it knowingly left a part of Main street out of repair so that it was impossible for travelers to pass therefrom to another street which connects with a highway leading to plaintiff’s ferry across the Des Moines river at Port Eichmond, about one-third of a mile from Ottumwa, whereby the travel…
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Appeal from, Wapello District Court. Action at law. Thepetition alleges that defendant is charged with the duty of keeping in’ repair the streets within its limits, and that for years it knowingly left a part of Main street out of repair so that it was impossible for travelers to pass therefrom to another street which connects with a highway leading to plaintiff’s ferry across the Des Moines river at Port Eichmond, about one-third of a mile from Ottumwa, whereby the travel was diverted from plaintiff’s ferry, greatly to plaintiff’s loss and injury. The petition claims damages sustained by…
1Opinion of the CourtBeck, J.
1. MUNCICPAL corporations: streets: damages I. We are of the opinion that the court correctly sustained the demurrer. The city has authority to °Pen and vacate its streets. This power, when exercised, will be presumed to be exerted in answer to the wants of the public. While such action may tend to divert the public travel and direct it into new channels, it cannot subject the city to respond in damages at the suit of persons outside of the city whose interests are affected thereby. It cannot be claimed, if the city, in the exercise of its authority, had vacated Main street, plaintiff could…
2Cited by6 opinions
- Burgess v. M/V TamanoDistrict Court, D. Maine · 1973
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
- Fogg v. Nevada-California-Oregon RailwayNevada Supreme Court · 1890
- Greene v. N. Y. Central & H. R. R.R.The Superior Court of New York City · 1883
- Innis v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.Supreme Court of Iowa · 1888
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