Mattingly v. City of Plymouth
| Decision Date | 10 March 1885 |
| Docket Number | 11,403 |
| Parties | Mattingly v. The City of Plymouth |
| Court | Indiana Supreme Court |
From the Marshall Circuit Court.
The judgment is affirmed, with costs.
D McDuffie, C. B. Tibbets and J. D. McLaren, for appellant.
A. C Capron, for appellee.
The substance of the complaint is, that the plaintiff was the owner of certain premises in the city of Plymouth, abutting on Michigan street, on which was situate her dwelling and other improvements; that in the summer of 1881, desiring to make additional improvements upon her lots and the dwelling thereon situate, she applied to the city engineer to give her the proper grade in reference to which to raise her house, fill up her lots and by which to construct a sidewalk in front of and along her premises; that in pursuance of such request the city engineer gave her the grade of the street, and that she accordingly, at a large expense, filled up her lots, raised her house and constructed a sidewalk to conform to the grade so fixed and established by the city engineer; that after her improvements were completed and her sidewalk laid in conformity with the grade so given her, the city by its agents wrongfully tore up her sidewalk and lowered the same, and attempted to establish a different grade, without first assessing and tendering her the damages thereby occasioned, which she avers would be $ 500. She asked and obtained a temporary restraining order, after which issues were made up on the complaint, and at the final hearing there was judgment for the city and against the plaintiff; and the record and assignment of errors here require us to consider the case upon the evidence, which is before us in a bill of exceptions.
The material facts as shown are, that Mrs. Mattingly, in the summer of 1881, owned the lots described in her complaint, and that they abutted on Michigan street; that at that time there was in force an ordinance of the city requiring all sidewalks to be built in conformity with the grade of the corresponding street, and making it the duty of the street commissioners to oversee the construction and maintenance of all sidewalks in the city, and to report to the common council all such as needed repairs. It also required that all persons before laying a sidewalk should apply to the city engineer for the proper grade, and that they should construct the proposed sidewalk in accordance with the grade as given them by him.
It appeared that Mrs. Mattingly applied to the city engineer who gave her the grade of Michigan street as requested, and it may be inferred that she made her improvements, so far as raising her house and filling up her lots, to correspond with the grade as fixed at that point by the city engineer. Later the committee on streets and another city engineer agreed with the appellant, upon what is termed...
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...(5th Ed.) § 1677, and note. See, also, McCormick's Appeal, 165 Pa. 386, 30 Atl. 986, 44 Am. St. Rep. 671, and Mattingly v. Plymouth, 100 Ind. 545. Besides, one who deals with an agent must know whether the latter has been commissioned to represent the principal in the transaction. These gen......
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Veldwyk v. City of Seattle, No. 57340-3-I (Wash. App. 5/29/2007)
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City of Spokane v. Ladies' Benev. Society
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