Ideal Cream Separator Repair Works v. City of Des Moines
Supreme Court of Iowa
Appeal from, Polk District Court.- — -Hon. Charles S. Bradshaw, Judge. This action was brought by plaintiff to recover damages resulting from the change of the established grade in front of plaintiff’s premises on East Locust street, in the defendant city. There was a trial to a jury, resulting in a verdict and judgment for plaintiff for $150. Plaintiff appeals.
1Opinion of the CourtPreston, J.
It is contended by appellant that the damages awarded by the jury are inadequate; that under the evidence the damages sustained were shown to be an amount greatly in excess of the amount allowed; and that, for that reason, a new trial should be had. This is the sole question in the ease. The matter was presented to the trial court by a motion for new trial and overruled. We have, then, the judgment of the jurors upon a matter peculiarly within their discretion; also the opinion of the trial court that the amount fixed by the jury was not, under the evidence, so inadequate as to justify a new…
2Cases cited8 opinions
- Branfoot v. HamiltonCourt of Appeals for the Fourth Circuit · 1892
- Whitney v. City of MilwaukeeWisconsin Supreme Court · 1886
- Hoyt v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1902
- Hubbell v. City of Des MoinesSupreme Court of Iowa · 1914
- Hall v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1909
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3Cited by9 opinions
- In Re Estate of HollisSupreme Court of Iowa · 1944
- Brause v. BrauseSupreme Court of Iowa · 1920
- Rogers Ex Rel. Rogers v. JeffersonSupreme Court of Iowa · 1939
- Manders v. DallamSupreme Court of Iowa · 1932
- Christensen Ex Rel. Christensen v. BoucherSupreme Court of Iowa · 1946
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