Morgan v. City of Dubuque
Cases that cite this one
8 later published cases cite this decision.
- Richardson v. City of Casper (Wyo. 1935)
- Rogers v. City of Omaha (Neb. 1908)
- Jones v. City of Portland (Or. 1899)
- German-American Savings Bank v. City of Spokane (Wash. 1897)
- District of Columbia v. Lyon (Supreme Court of the United States 1896)
- Oster v. City of Jefferson (Mo. Ct. App. 1894)
- Lyon v. District of Columbia (D.C. 1892)
- Portland Lumbering & Manufacturing Co. v. City of East Portland (Or. 1889)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
-The plaintiff built a sidewalk for the city of Dubuque, which was to be paid for when the city collected the cost of it from the owners of the adjoining lots. The jury returned a special verdict, finding that the work was done, the amount due, and that the city had not collected from the abutting owners the cost of the sidewalk; and that the city had not shown, by the evidence, that within a reasonable time after the completion of the work it did all that was reasonably within its power to collect the assessment upon the lot owners for the building of the sidewalk in question.
Under the contract with plaintiff, the city was bound to collect the assessments within a reasonable time after the work was done, and pay the plaintiff. A failure to do so would render the city liable to pay the stipulated price for the walk. The burden of proof of diligence rests upon the city. 1 Greenleaf, § 79. The judgment on the verdict is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.