Bosch v. B. & M. R. R.
Supreme Court of Iowa
Appeal from the Des Moines District Court. It is alleged in the petition that plaintiffs are the owners of certain lots in the city of Burlington upon which they had costly improvements, consisting of a brewery and appurtenances; that one of said lots, being No. 25, is bounded on the east by Front street, and others are immediately back of, or west from said lot 25; that said lot 25 is bounded on the south by Angular street; that according to the city plat Front street…
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Appeal from the Des Moines District Court. It is alleged in the petition that plaintiffs are the owners of certain lots in the city of Burlington upon which they had costly improvements, consisting of a brewery and appurtenances; that one of said lots, being No. 25, is bounded on the east by Front street, and others are immediately back of, or west from said lot 25; that said lot 25 is bounded on the south by Angular street; that according to the city plat Front street extends from the easterly line of said lot 25 to the Mississippi river, its width being governed by the meander line of the…
1Opinion of the CourtRotorcck, J.
1. damages : mote; Are. Aware as we are of the difficulty in many cases in determining whether damages claimed should be regarded as proximate or remote, yet we are united in the opinion that the court below correctly determined that no recovery can be had upon the allegations in this petition, for the reason that the damages are not the direct and proximate result of the wrongs complained of, but are too remote. In the case of Insurance Company v. Friend, 7 Wallace, 49, it is said: “We have had cited to us a general review of the doctrine of proximate and remote causes as it has arisen and…
2Cases cited1 opinion
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- New York, Chicago & St. Louis Railroad v. PerrigueyIndiana Supreme Court · 1893
- Eclipse Lumber Co. v. DavisSupreme Court of Iowa · 1923
- West v. WardSupreme Court of Iowa · 1889
- Brown v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
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