Millard v. City of Webster City
Supreme Court of Iowa
-Appeal from Hamilton District Oouri. — Hon. B. P. Birdsall, Judge. The plaintiff is owner of 2% lots in Webster City, abutting on Funk street 132 feet and on Division street 125 feet. During tbe summer of 1897 these streets were excavated to •a depth of from 2 to 3 feet along the lots, though no grade had been established, nor resolution adopted by the city ■council so ordering; and this is an action for damages occasioned .thereby.
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-Appeal from Hamilton District Oouri. — Hon. B. P. Birdsall, Judge. The plaintiff is owner of 2% lots in Webster City, abutting on Funk street 132 feet and on Division street 125 feet. During tbe summer of 1897 these streets were excavated to •a depth of from 2 to 3 feet along the lots, though no grade had been established, nor resolution adopted by the city ■council so ordering; and this is an action for damages occasioned .thereby. Judgment was entered1 against defendant, •and it appeals.
1Opinion of the CourtLadd, J.
1 The facts in this case are similar to those in Richardson v. Webster City, 111 Iowa, 427, and what was there said disposes of the appellant’s contention that because •of no tresspass or direct encroachment on plaintiff’s property ¡abutting the streets excavated, even though this were done without resolution or ordinance of the city, recovery may not be had. While the fee to the street is in the city, the manner of improving it is prescribed by statutes which are too explicit to be misunderstood/ If these are wholly disregarded and a street cut down, to the injury of an •abutting lot owner,…
2Cases cited5 opinions
- Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
- Lowe v. City of OmahaNebraska Supreme Court · 1891
- Richardson v. City of Webster CitySupreme Court of Iowa · 1900
- Town of Cherokee v. S. C. & I. F. Town Lot & Land Co.Supreme Court of Iowa · 1879
- Goddard v. Inhabitants of HarpswellSupreme Judicial Court of Maine · 1892
3Cited by8 opinions
- Turner v. Hartford Fire InsuranceSupreme Court of Iowa · 1919
- Farmers Mercantile Co. v. Farmers Ins.Supreme Court of Iowa · 1913
- Markham v. City of AnamosaSupreme Court of Iowa · 1904
- Parrott v. Chicago Great Western Ry. Co.Supreme Court of Iowa · 1905
- Eckert v. Incorporated of WalnutSupreme Court of Iowa · 1902
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