Barr v. City of Oskaloosa
Supreme Court of Iowa
Appeal from Mahaska District Court. The petition in substance alleges that on the 13th day of April, 1870, the plaintiff acquired title to, and has since that time owned, lots Nos. 5 and 6, situated upon the corner of what was formerly known as Kossuth street and Liberty street, in West Oskaloosa; that said street was dedicated to the public by John White, who laid out said lands into lots; that, upon the faith of the permanent use and occupancy, of said streets as public…
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Appeal from Mahaska District Court. The petition in substance alleges that on the 13th day of April, 1870, the plaintiff acquired title to, and has since that time owned, lots Nos. 5 and 6, situated upon the corner of what was formerly known as Kossuth street and Liberty street, in West Oskaloosa; that said street was dedicated to the public by John White, who laid out said lands into lots; that, upon the faith of the permanent use and occupancy, of said streets as public ways, buildings were erected on said lots and were used and occupied by plaintiff’s tenants for dwelling purposes; that…
1Opinion of the CourtDay, J.
1. highway: damages. ‘ I. The plaintiff’s claim for damages is based principally upon a want of power of the city of Oskaloosa to vacate the street in question. The ordinance of vacation was passed on the 4th day of August, 1871, and is as follows: “Be it ordained by the city council of the1 city of Oskaloosa, Iowa, that all that portion of Kossuth street in White’s addition be and the same is hereby *278Vacated1; provided1, that John "White conveys the land 01-ground heretofore occupied by Kossuth street to- the Central Railroad Company of Iowa; provided, further, that all the provisions of an…
2Cases cited2 opinions
- Brady v. ShinkleSupreme Court of Iowa · 1875
- Pettingill v. DevinSupreme Court of Iowa · 1872
3Cited by22 opinions
- Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892
- Dantzer v. Indianapolis Union Railway Co.Indiana Supreme Court · 1894
- Newton v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
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