City of McGregor v. Boyle
Supreme Court of Iowa
Appeal from Clayton Cvreuit Cowrt. This action was brought originally before a justice of the peace, and appealed to the circuit court.
Read the full summary
Appeal from Clayton Cvreuit Cowrt. This action was brought originally before a justice of the peace, and appealed to the circuit court. The petition claims $50, as damages on account of the defendant filling up, and placing earth and rocks in a certain sewer constructed by the city in Ann street, in front of defendant’s lot in the city of McGregor, and also to recover certain penalties under a city ordinance as follows: “No person shall deposit any dirt, rock, earth, or any other obstruction, in the streets or alleys of the city of McGregor, without the con'sent of the city council. Any…
1Opinion of the CourtMiller, J.
The defendant does not deny any of the facts alleged in the petition. In the first and second counts of his answer he undertakes to show by the facts stated, that the city had constructed a sewer in the street in front of his property, which rendered access thereto difficult and dangerous, and he claimed the right to fill up the ditch left by the city.
The city has full control and charge of all the streets, alleys and improvements thereof, within the city limits. This is admitted by the pleadings. Having exclusive control of the streets, etc., the city council passed, as they had the power to…
2Cases cited1 opinion
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
3Cited by8 opinions
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
- City of Denver v. CapelliSupreme Court of Colorado · 1877
- Roll v. City of IndianapolisIndiana Supreme Court · 1876
- Hume v. City of Des MoinesSupreme Court of Iowa · 1910
- Gallaher v. City of JeffersonSupreme Court of Iowa · 1904
3 more not listed; retrieve them via the Exa API.