Powers v. City of Council Bluffs
Supreme Court of Iowa
Appeal from, Pottawattannie District Court. , Action to recover damages by reason of plaintiff’s premises being overflowed by water caused by an alleged defective sewer. A jury was waived, and there was a trial by the court.
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Appeal from, Pottawattannie District Court. , Action to recover damages by reason of plaintiff’s premises being overflowed by water caused by an alleged defective sewer. A jury was waived, and there was a trial by the court. At the request of the parties the court made the following special findings of fact: 1. That plaintiff is the owner of lots 25 and 38, in the original town of Council Bluffs, and that he has owned the same for more than five years before the commencement of this action. 2. That said lots front on Broadway in that city. 3. That before the streets in said city were…
1Opinion of the Court
Rothrock, Ch. J.
i. municipal negi¿enc™f: officers. I. That a gas-pipe was laid across the sewer in the manner as stated in the eighth finding of fact does not admit of controversy. This finding is fully established by the evidence. One Joel Baton wag ea]ie(j as a -witness by the plaintiff. He testified that he was secretary of the Council Bluffs Gas Company, and that in 1870 said company put down a pipe across the sewer in question. He was then asked to state by whose permission or authority he laid down those gas-pipes; to which he made answer that it was done by permission of Palmer, the…
2Cases cited4 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
- Rowell v. WilliamsSupreme Court of Iowa · 1870
- Damour v. Lyons CitySupreme Court of Iowa · 1876
3Cited by11 opinions
- City of Portsmouth v. Mitchell Manufacturing Co.Ohio Supreme Court · 1925
- City of Denver v. RhodesSupreme Court of Colorado · 1886
- Spangler v. City of San FranciscoCalifornia Supreme Court · 1890
- Latham v. Des Moines Electric Light Co.Supreme Court of Iowa · 1941
- Knostman & Peterson Furniture Co. v. City of DavenportSupreme Court of Iowa · 1896
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