Sheriff v. City of Oskaloosa
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. A. R. Dewey,, Judge. The plaintiff was the owner of a corner building, with a basement, located on the south.side of High avenue, at its intersection with D street, in the city of Oskaloosa. The city built a main sewer along the avenue by the plaintiff’s property, and paid for it by a general assessment.
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Appeal from Mahaska District Court. — Hon. A. R. Dewey,, Judge. The plaintiff was the owner of a corner building, with a basement, located on the south.side of High avenue, at its intersection with D street, in the city of Oskaloosa. The city built a main sewer along the avenue by the plaintiff’s property, and paid for it by a general assessment. There was no ordinance requiring the plaintiff to connect therewith, but by permission of the city authorities he built a lateral sewer to the basement of his building, and paid the city the required fee for a connection with the avenue main. A heavy…
1Opinion of the CourtSheRwin, J.
It is not necessary to discuss the general liability of municipal corporations for damages caused by the improper construction, maintenance, or insufficiency of its public sewers, because of our conclusion on another branch of the case; and for the same reason we shall not further notice, the errors alleged in the rulings on the introduction of testimony. The use of the defendant’s sewer by the plaintiff was purely voluntary, and with the knowledge that it. was of insufficient capacity to carry off the surface water and sewage which collected therein. The plaintiff testified that for nearly a…
2Cases cited4 opinions
- Dermont v. MayorMichigan Supreme Court · 1857
- Roll v. City of IndianapolisIndiana Supreme Court · 1876
- Buckley v. City of New BedfordMassachusetts Supreme Judicial Court · 1891
- Breuck v. City of HolyokeMassachusetts Supreme Judicial Court · 1897
3Cited by2 opinions
- Hart v. City of NeillsvilleWisconsin Supreme Court · 1905
- Van Trump v. Kansas CityMissouri Court of Appeals · 1915