Nebraska City v. Lampkin
Nebraska Supreme Court
Error from tbe district court of Otoe county. Tried before Gantt, J., at tbe March term 1878. Tbe facts necessary to an understanding of tbe points passed upon by tbe court, appear in tbe opinion. in an elaborate brief containing cuts and profiles of the grading, and of tbe building alleged to be' damaged by a change of grade, contended that the proof showed conclusively, that prior to tbe purchase of tbe property by Lampkin, no grade bad been established, and that none was…
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Error from tbe district court of Otoe county. Tried before Gantt, J., at tbe March term 1878. Tbe facts necessary to an understanding of tbe points passed upon by tbe court, appear in tbe opinion. in an elaborate brief containing cuts and profiles of the grading, and of tbe building alleged to be' damaged by a change of grade, contended that the proof showed conclusively, that prior to tbe purchase of tbe property by Lampkin, no grade bad been established, and that none was established until 1869; that all of the testimony offered which tended to show that a grade had been established prior…
1Opinion of the Court
Lake, Ch. J.
The defendant in error recovered a judgment in the court below against the plaintiff in error for the sum of $701.29 damages, alleged to have been occasioned by changing the grade of the street adjoining his lot, and working the same in conformity therewith, by which a valuable store building was rendered less accessible, and somewhat less valuable for business purposes than before.
There was no complaint of any direct encroachment upon the lot or property in question, but the damages *32were the result, entirely, of lowering the street some three or four feet below what it was when…
2Cited by9 opinions
- Harmon v. City of OmahaNebraska Supreme Court · 1885
- Thorberg v. City of HoquiamWashington Supreme Court · 1914
- Sargent v. City of TacomaWashington Supreme Court · 1894
- Mattingly v. City of PlymouthIndiana Supreme Court · 1885
- Hammond v. City of HarvardNebraska Supreme Court · 1891
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