Stritesky v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Preston, Judge. Plaintiffs, the owners of lots 4 and 5, in block No. 18, of Carpenter’s second addition to the city oi Cedar Rapids, bring this action to recover damages to their said property by reason of a claimed change in the grade of the street in front thereof.
Read the full summary
Appeal from Linn District Court. — Hon. J. H. Preston, Judge. Plaintiffs, the owners of lots 4 and 5, in block No. 18, of Carpenter’s second addition to the city oi Cedar Rapids, bring this action to recover damages to their said property by reason of a claimed change in the grade of the street in front thereof. It appears that in 1875, the city passed an ordinance duly establishing a grade on the street upon which said lots abut; that the improvements upon said lots were made to conform to said grade, which was practically the same as the then surface of the street. In September, 1886, the…
1Opinion of the CourtKinne, J.
-I. This case was determined in the court below upon the theory that the city was not liable for the acts of the street railway company which are complained of. While several questions are argued, the real question is as to the liability of the city. If we shall reach the conclusion that it is not .liable, it will not be necessary to consider the other questions discussed by counsel. It is to be remembered that the city never in fact changed the surface of the street in front of plaintiffs’ premises so as to make it conform to the ordinance of 1886; indeed it never took any steps to enforce…
2Cases cited2 opinions
- McKillop v. Duluth Street Railway Co.Supreme Court of Minnesota · 1893
- Preston v. City of Cedar RapidsSupreme Court of Iowa · 1895
3Cited by4 opinions
- Farmer v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Buser v. City of Cedar RapidsSupreme Court of Iowa · 1901
- York v. City of Cedar RapidsSupreme Court of Iowa · 1905
- Vilas v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1917