Hunter v. City of Ottumwa
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. D. M. Anderson, Judge. Action for injunction and damages for cutting and grading ■ down a street abutting upon plaintiff’s property. There was-a trial to the court and a . decree for plaintiff awarding her damages of $1,200 and a perpetual injunction against the city and its officers. The defendant appeáls.
1Opinion of the CourtEvans, J.
Plaintiff was the owner of a home abutting upon Union Street 'in the city of Ottumwa. In the alleged improvement of the street, the city proceeded, through its officers, to cut down said street to a proposed grade. The depth to which the street was actually cut varied from two to thirteen feet. No grade had ever been established upon such street at such point by resolution or ordinance, and the action of the city was wholly without authority in that respect. Only two questions are presented for our consideration: Eirst, was the amount of damages allowed excessive? Second, was the plaintiff…
2Cases cited1 opinion
- Converse v. Incorporated Town of Deep RiverSupreme Court of Iowa · 1908