Cole v. City of Muscatine
Supreme Court of Iowa
Appeal from Muscatine District Court. The plaintiffs in this action seek to recover damages for injuries done them in the year 1857, by the city of Muscatine, in wrongfully digging up and carrying away tbe earth to the depth of three feet below the established grade in front and upon the north side of plaintiff’s property, whereby it was injured, &c. Another count alleges that the damage was done under a pretended change of grade, which grade was never in fact effected.
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Appeal from Muscatine District Court. The plaintiffs in this action seek to recover damages for injuries done them in the year 1857, by the city of Muscatine, in wrongfully digging up and carrying away tbe earth to the depth of three feet below the established grade in front and upon the north side of plaintiff’s property, whereby it was injured, &c. Another count alleges that the damage was done under a pretended change of grade, which grade was never in fact effected. The defendant answers first denying the injuries complained of; second, averring that the defendant was a municipal…
1Opinion of the CourtBaldwin, C. J.
The appellants excepted to the charge of the Court to the jury and assign this as error, as also the refusal of the Court to give the instructions asked.
That portion of the charge of the Court is most objected to in which the jury are directed that under the act of' January 24th, 1855, and under the pleadings and evidence the plaintiffs could not recover in this action for any damages which.were necessarily occasioned by any change in the grade of the street in front of the premises described in the petition; that if there was any such change of grade and if the work complained of by the…
2Cases cited1 opinion
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
3Cited by18 opinions
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Snyder v. DavenportSupreme Court of Iowa · 1982
- City of Faribault v. MisenerSupreme Court of Minnesota · 1874
- Grimes v. Central Life InsuranceCourt of Appeals of Kentucky · 1916
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