Stange v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. This case is a continuation of that of Stange v. Hill & West Dubuque Street Railway Company, 54 Iowa, 669. Upon the remanding of the foregoing case to tbe court below, the plaintiff filed an amended and substituted petition, making the city of Dubuque a party defendant, and claiming of said city damages for authorizing and permitting Julian avenue, in said city, upon which plaintiff’s property abuts, to be occupied by a street railway…
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Appeal from Dubuque Circuit Court. This case is a continuation of that of Stange v. Hill & West Dubuque Street Railway Company, 54 Iowa, 669. Upon the remanding of the foregoing case to tbe court below, the plaintiff filed an amended and substituted petition, making the city of Dubuque a party defendant, and claiming of said city damages for authorizing and permitting Julian avenue, in said city, upon which plaintiff’s property abuts, to be occupied by a street railway operated by steam, to the plaintiff’s damage. Tbe defendant answered, denying all tbe allegations of tbe petition, and…
1Opinion of the Court
Day, Ch. J.
I. Tbe Oity of Dubuque, operating under a special charter, on tbe 28th day of April, 1877, passed an ordinance i. constitu-jweraneg-legalize void ordinance. conferring upon tbe Hill Street and West Dubuque Street Railway Company authority to construct upon certain streets in tbe city, including ju|jan ayenue, a street railway, and to operate tbe same with either steam or horse power. In Stange et al. v. Hill & West Dubuque Street Railway Company, 54 Iowa, 669, it was held, following Stanley v. City of Davenport, 54 Id., 463, that tbe city bad no power to pass this ordinance. Tbe…
2Cases cited3 opinions
- Ex parte PritzSupreme Court of Iowa · 1859
- Town of McGregor v. BayliesSupreme Court of Iowa · 1865
- Stange v. Hill & West Dubuque Street Railway Co.Supreme Court of Iowa · 1880
3Cited by14 opinions
- Town of Enterprise v. State ex rel. Attorney-GeneralSupreme Court of Florida · 1892
- Flynn v. Little Falls Electric & Water Co.Supreme Court of Minnesota · 1898
- State Ex Rel. Welsh v. DarlingSupreme Court of Iowa · 1933
- Gates v. City of BloomfieldSupreme Court of Iowa · 1952
- Jacksonville, Tampa & Key West Railway Co. v. LockwoodSupreme Court of Florida · 1894
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