Cotes v. City of Davenport
Supreme Court of Iowa
Appeal from, the Scott District Court. Plaintiffs claim damages for the act of defendant in grading a certain street and alley, thereby throwing, as they claim, a large amount of water in and upon a lot owned by thcm, and injuring their buildings and some articles of personal property ; and for other injuries resulting from said grading. Yerdict and judgment for plaintiffs. .Defendant appeals.
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Appeal from, the Scott District Court. Plaintiffs claim damages for the act of defendant in grading a certain street and alley, thereby throwing, as they claim, a large amount of water in and upon a lot owned by thcm, and injuring their buildings and some articles of personal property ; and for other injuries resulting from said grading. Yerdict and judgment for plaintiffs. .Defendant appeals. I. This was an action on the case, and under the plea of the general issue, the defendant should have been permitted to show any matters which operate in discharge of the cause of action, and to give in…
1Opinion of the CourtWkigiit, C. J.
petition contains two counts. The first charges that on, before, and after the first of June, 1857, plaintiffs were, and are still the owners of a lot (describing it,) in the city of Davenport; with the improvements thereon; consisting of a dwelling house, carpenter’s shop and fences; that during the months of June, July and August of that year, defendant made a high embankment, or pile in front of said lot, on the west, and along the alley on the south, obstructing the passage to and from the house and shop aforesaid ■; that by reason of said embankment the natural course of the water…
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