City of Dubuque v. Benson
Supreme Court of Iowa
Appeal from, Dubuque District Court. Dedication of streets : ownership of minerals, etc.— Trespass to recover damages' from the defendant, for entering upon and taking from the public street known as Grand.View avenue, in Union Addition to the city of Dubuque, large quantities of lead ore, claimed to be the property pi the plaintiff.
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Appeal from, Dubuque District Court. Dedication of streets : ownership of minerals, etc.— Trespass to recover damages' from the defendant, for entering upon and taking from the public street known as Grand.View avenue, in Union Addition to the city of Dubuque, large quantities of lead ore, claimed to be the property pi the plaintiff. The answer sets up that the premises from which the mineral was so taken, are parts of mineral lots 59 and 64, in Dubuque citjq of which the defendant alleges he is the owner in fee. From a decision against it, the city prosecutes the present appeal.
1Opinion of the CourtDillon, J.
The town of Dubuque was originally laid off under an act of congress.
As to the ownership of streets within the limits of the original town, see Dubuque v. Malony, 9 Iowa, 450.
*249But in tlie case at bar, it is to be remembered that Union Additi.on to the city of Dubuque, in which the street in question is situated, is without the old corporation boundary, but within the limits of the city, as defined by the act of January 22, 1853, This addition was laid out and recorded in 1856.
At this time it was provided by statute (Code of 1851, eh. i, §§ 636, 637), that the acknowledgment and recording of…
2Cases cited1 opinion
- City of Dubuque v. MaloneySupreme Court of Iowa · 1859
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- Wood v. National Water Works Co. of New YorkSupreme Court of Kansas · 1885
- Northern Pacific & Montana Railway Co. v. ForbisMontana Supreme Court · 1895
- Moran v. Iowa State Highway CommissionSupreme Court of Iowa · 1937
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