Wendt v. Incorporated Town of Akron
Supreme Court of Iowa
Appeal from Plymouth District Court. — Hon. David Mould, Judge. Action to recover damages for flooding the basement of plaintiff’s store, and injury to merchandise therein, alleged to have been caused by the negligence of defendant in the grading of its streets and construction of gutters, by which, it is claimed, the defendant collected and diverted surface water and failed to provide outlets.
Read the full summary
Appeal from Plymouth District Court. — Hon. David Mould, Judge. Action to recover damages for flooding the basement of plaintiff’s store, and injury to merchandise therein, alleged to have been caused by the negligence of defendant in the grading of its streets and construction of gutters, by which, it is claimed, the defendant collected and diverted surface water and failed to provide outlets. There was a trial to a jury resulting in a verdict and judgment for plaintiff for $880.99. Defendant appeals.
1Opinion of the CourtPreston, J.
The record contains 450 pages of printed matter; of this the arguments cover two hundred and forty pages, in which more than nine hundred eases are cited. Appellant has seventy-eight alleged errors relied upon for reversal, and appellee has one hundred and twelve points relied upon for affirmance. We appreciate diligence and thoroughness on the part of counsel, but unless there is dis*340crimination it is sometimes burdensome. There are other cases on the calendar. Manifestly it would be impracticable to discuss all points argued. The material points are about as follows: The town of Akron is…
2Cases cited20 opinions
- Babbage v. . PowersNew York Court of Appeals · 1891
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
- Clampit v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
- Thomas v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of Iowa · 1897
15 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Chicago Great Western Ry. Co. v. BeecherCourt of Appeals for the Eighth Circuit · 1945
- Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
- Wilmes v. Chicago, Great Western RailroadSupreme Court of Iowa · 1916
- Power v. Village of HibbingSupreme Court of Minnesota · 1930
2 more not listed; retrieve them via the Exa API.