68 Iowa 695 | Iowa | 1886
Such grading, if any, as may properly be considered a part of the work of paving may doubtless, under the statute, be
The position of the defendant’s counsel, as we understand them, is that the question as to whether, in a given case, the work of grading done with the view of subsequent paving is to be deemed a part of the work of paving is to be determined, not by the nature of the case, but by the mode in which the city council have seen fit to treat the matter. Under their theory, as we understand them, the cost of any filling, however great and however detrimental to abutting lots, may be charged upon them, and the question as to whether it is properly charged upon them depends upon how the ordinances, resolutions and contracts of the city are -drawn. In other words, they claim, as we understand, that,
We see no error in the rulings of the circuit court, and the judgment must be Affirmed.