Hutchinson v. City of Parkersburg
West Virginia Supreme Court
Statement by Gb,eeN, Judge : George W. Hutchinson in the year 1849 bought of his father-in-law, ¥m. A. Tefft, a two and a half acre lot lying near the town of Parkersburg on the southwest side of the Northwestern turnpike; and during the year 1849 he built upon it a residence, which is still standing. ¥m.
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Statement by Gb,eeN, Judge : George W. Hutchinson in the year 1849 bought of his father-in-law, ¥m. A. Tefft, a two and a half acre lot lying near the town of Parkersburg on the southwest side of the Northwestern turnpike; and during the year 1849 he built upon it a residence, which is still standing. ¥m. A. Tefft died in the year 1850 intestate leaving as his heirs the wife of Gorge W. Hutchinson and a son W. A. Tefft, who on April 28th, 1852, made a conveyance of the undivided moiety of' this lot of ground to Géo. W. Hutchinson. The deed recited in effect that the equitable title to this…
1Opinion of the Court
Green, Judge :
The amended declaration in this cause was framed evidently upon the law as laid down in Johnson v. City of Parkersburg 16 W. Va. 402, in which it was decided that if a municipal *234corporation first fixes the grade of a street, and after an owner of a lot adjoining such street has built a house on his lot in reference to the grade thus fixed, changes the grade by raising or depressing it and thus permanently damages the lot and dwelling without aeqiring the right to do so, and, if demanded, without paying just compensation for such damages, this is a violation of section nine of…
2Cases cited7 opinions
- Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- White v. WebbSupreme Court of Connecticut · 1842
- Bradish v. SchenckNew York Supreme Court · 1811
- Eddy v. O'HaraNew York Supreme Court · 1835
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
- Blair v. City of CharlestonWest Virginia Supreme Court · 1896
- Robertson v. HobsonWest Virginia Supreme Court · 1933
- Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
- State v. HertzogWest Virginia Supreme Court · 1904
18 more not listed; retrieve them via the Exa API.