136 Iowa 436 | Iowa | 1907
Plaintiff is the owner of real property in Sioux City described as lots 4, 5, and 6, block 52, Sioux City East addition. In dimension the lots' are each fifty by one Hundred and fifty feet, extending east and west.
The defendant city does not question on this appeal its liability for the legal damage actually sustained by plaintiff growing out of such change in grade, if any there was. The contentions for error are based wholly on rulings on evidence offered in proof of damage, and on the instruction given the jury by the court on the subject of the measure of damage. There is a further contention that the verdict returned, and
So, also, as we think, it may be introduced as bearing on the condition and value of the abutting property just before and just after the making of the change in the street to cor
As tbe case must go back for a new trial, we need not consider tbe further question made on this appeal respecting tbe amount of damages returned by tbe jury. For tbe reason pointed out in this opinion, tbe judgment is reversed, and tbe case remanded for a new trial.-— Reversed.