70 Iowa 637 | Iowa | 1886
A hotel was erected on one of the plaintiff’s lots in the year 1868. The building fronts on Nine
The plaintiff insists that the city shall be required to conform to the general grade on Second and Third streets, or pay her the damages she has sustained by reason of the change made from the established grade when the streets were paved. It is further claimed that the railroad company should be required to lower its tracks to the grade line established by the special ordinance. The city insists that the claim of the plaintiff, so far as the grade of Second and Third streets is involved, is unfounded, because the surface of the streets is not lower than the grade established by ordinance. This question requires an examination of section 3 of the ordinance. It is as follows: “All grades established by this ordinance, or that may bo hereafter established, shall be calculated from the datum line established by section one of this ordinance, and shall be calculated for 'the middle of the several streets on which they are established.”
It appears from the evidence that, in improving the streets to the grade established by the ordinance, the city has uniformly taken the outer line of the streets as the grade line. It appears to us that this is in violation of the ordinance. It plainly means that the grade line shall be ascertained by or “ calculated for the middle of the several streets,” and from no other point. This is to be ascertained by taking the elevation given in the ordinance from the datum line to the center or middle of the street at the point named. It appears to us that discussion upon this question is unnecessary. Any other construction of the ordinance would render
It is claimed by counsel for the railroad company that its tracks are not above the special grade line. They insist
The plaintiff appeals because the railroad company was not required by the decree to lower its tracks on Yine street
We think the decree should be affirmed, and that each of the parties should pay his own costs.
AFFIRMED.