Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 103

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 103

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...remedies, land having elected thatof appeal he can not go into the trial court and secure a new trial. _ Filed Oct. 17, 1885. MUNICIPAL CoRPORATION.--Street Improvement.--Enror in Plan.--Neglige1we.--A municipal corporation is not liable for mere errors of judgment as to the plan of a public improvement, but is responsible ior negligence ' in devising the plan of an improvement, as well as for negligence in executing the work. Rozell v. City of Anclerszm, 91 Ind. 591, explained. SAMI: .--Con.sequential Damages.---Municipal corporations are not responsible for consequential injuries resulting from the grading of streets, where the work is done in a careful alnd skilful manner. SAM!'-: .--Permanenl Improve1_nenl.--Damages Io Real Estate.--Accentsion.--In an action for injury to real estate caused by the negligence of corporate oflicers in constructing a public work of a permanent character, as the grading of a street, all damages, past and prospective, can be recovered in one action. SAMr: .--Former Adjudioation.--In such a case, all the damages must be recovered in one suit, and for fresh damages resulting from the original wrong, a second action can not be maintained. SAME.--Arwwer.---Reply.-I)e'mm-rer.-Where an answer avers that the injury complained of is the same as that declared on in the former action, and the record does not show them to be different, the averment. will be taken as true on demurrer; if the causes of action are not the same, that fact must be replied. SAME.--Nu'iaarwe.--The improvement of a street by a municipal corporation is not a nuisance, though done in a negligent and unskilfiil manner; and hence the rule that the continuance of a nuisance will supply ground for successive actions, has no applicationshow more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • United States
  • English
  • black & white illustrations
  • 1236810155
  • 9781236810151