Buser v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District Court. — IIon. W. Gr. Thompson, J udge. Action to recover damages for injury-caused to real estate by a change of grade in the streets upon which said property abuts. The case was taken from the jury on defendant’s motion, and a judgment rendered in its favor for costs. Plaintiff appeals.
1Opinion of the CourtWaterman, J.
1 The controlling facts are not in dispute. Plaintiff’s premises are at the intersection of Fourth avenue and Sixth street. They were improved by a former owner in part by the erection of a'dwelling thereon about the year 1870. These improvements were made with reference to a then existing grade. In September, 1886, an ordinance was adopted by defendant city, raising the grade of said streets some 3 feet. In pursuance of said ordinance filling was done, and the surface of both streets raised from 1 to TJ- feet. A settlement was then made by the city for damages to this property; it paying the…
2Cases cited6 opinions
- Hempstead v. City of Des MoinesSupreme Court of Iowa · 1884
- Conklin v. City of KeokukSupreme Court of Iowa · 1887
- Noyes v. Town of Mason CitySupreme Court of Iowa · 1880
- Ressegieu v. City of Sioux CitySupreme Court of Iowa · 1895
- Phillips v. City of Council BluffsSupreme Court of Iowa · 1884
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3Cited by6 opinions
- Gross v. HockerSupreme Court of Iowa · 1952
- Ashman v. City of Des MoinesSupreme Court of Iowa · 1929
- Foley v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Meardon v. Iowa CitySupreme Court of Iowa · 1910
- York v. City of Cedar RapidsSupreme Court of Iowa · 1905
1 more not listed; retrieve them via the Exa API.