Vanhorn v. City of Des Moines

• Decision Date: 25 April 1884
• Citation: 19 N.W. 293,63 Iowa 447
• Parties: VANHORN v. THE CITY OF DES MOINES
• Court: Iowa Supreme Court

19 N.W. 293

63 Iowa 447

VANHORN v. THE CITY OF DES MOINES

Supreme Court of Iowa, Dubuque

April 25, 1884

Appeal from Polk Circuit Court.

ACTION to recover the value of a certain building, and personal property stored therein, which building and property were destroyed by fire. The defendant's liability is predicated upon the neglect of the Des Moines Water-Works Company to supply sufficient water to extinguish the fire. The petition avers, in substance, that the defendant authorized the erection and operation of water works by the Des Moines Water-Works Company, and entered into a contract with the company to supply the fire department of the city with a certain quantity of water for the extinguishment of fires; that the company failed to furnish such quantity; that the company further agreed to defend or settle any suit against the city for injury to persons or property caused by the negligence and mismanagement or fault of the company in the construction or operation of its works; that the plaintiff is a tax-payer of the city; that his building was consumed by fire without his fault, and because the Water-Works Company did not furnish sufficient water to extinguish the fire, and because it did not furnish the quantity which it agreed to furnish. To the petition so averring, in substance, the defendant demurred, and the demurrer was sustained. The plaintiff electing to stand upon his petition, judgment was rendered for the defendant for costs. The plaintiff appeals.

AFFIRMED.

E. J Goode, for appellant.

No appearance for appellee.

OPINION

ADAMS, J.

The defendant was authorized by law to provide for the supply of water for the extinguishment of fires, and to levy a tax to defray the expenses. Having undertaken to provide for such supply, and having levied a tax to defray the expenses, the plaintiff contends that the city became liable for a lack of supply, upon the same principle that cities are liable for personal injuries sustained by reason of defective streets and sidewalks.

But the power on the part of a municipal corporation to provide for the accomplishment of certain results does not necessarily impose a liability for their imperfect accomplishment. Even a failure to furnish suitable streets and sidewalks, or to maintain them, does not of itself render the city liable however much the exigencies of business or the preservation of property may demand them. Dubuque Wood & Coal Association v. City of Dubuque, 30 Iowa 176. The injury sustained must be something more than the lack of facility or means...