Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-08-23
{lmportant Decisions
LOCAL IMPROVEMENTS

LOCAL IME1ttC)N I'm EN- lHo.
"A street was improved at the expense
of abutting property by constructing Il
pavement consisting of a concrete base
covered by binder course and wear
ing surface of asphalt. The wearing
surface became worn, and it and the
binder course had disintegrated in
many places, so that holes extended
thru to the concrete foundation. The
pavement could not be patched by fill
ing in the holes and defective areas.
Extensive repairs had been made
twice by the company paving tbs
street. Held, that the removal of all
the asphalt and binding course, and
the replacing of same with new ma
terials on the concrete foundation. did
not constitute mere repairs, but new
pavement and the cost might be charg-
ed to the property benefited. Bush VS.,
Peoria, "A n. z. 1877 Ull)
ORDINANCES.
Defendant city passed an ordinance
regulating the handling of turpentine,
kerosene, coal oil, or the products
thereof, and other oils, from tank wag-
ons or other wagons on the public
streets, and requiring an annual license
fee for each wagon. This proceeding
was brought to test the validity of the
ordinance Held, that the ordinance
was valid exercise of the power OF
cities under the statutes of Illinois en-
towering municipalities to regulate
traffic, on the streets or highways, to
license, tax, regulate, suppress and pro-
hibit peddlers, to make all regulations
which may be necessary for the pro-
motion of health, and to pass all ordi-.
nances and make all regulations neces,-
sary to carry into effect the powers
granted to such cities, etc. Sp1egler
VS.. Chicago, "a N E. 718 Qll.)
DIvORCE-PROPE
PLAINTIFF instituted proceedings
against her husband, the defendant, for
divorce. 1t appeared that defendant
was broken down man, irreclaimably
addicted to intoxication, and not In
sound health. Plaintiff was a capable
and intelligent woman, in good health
able to manage affairs. and to make
property productive. She also had
property of her own sufficient to keep
her from want, and had no children.
She did not aid in accommodating de-
PENDANTS property. Held, that an al
lowance to plaintiff of more than one
third of the defendants property was
not warranted
Edleman VS.. Edleman 1Ol N. w. Sc
Owls. }
HIGHWAYS-TRES
Defendant caused his cattle to be
driven to highway ditch in front Of
plaintiffs premises, and on plaintiffs
side of the highway to drink water
flowing therein, and the cattle tramped
down the banks Of the ditch, causing
the water to spread out and disturb
the outlet Of plaintiffs private ditch
leading from his land into the highway
ditch. Plaintiff brought suit for dam
ages. Held, that such act of the de-
PENDANT was not a proper use of the
highway, and constituted trespass.
Van Roy VS.. Watermelon, 104 N. W. 81
(Wis.)
PUBLIC OFFICE.
Relator while under investigation of
charges by the common council, left
for Mexico where he remained some
weeks. Before leaving he took all his
private papers from the desk of his
office, and did not notify the common
council of his intention to leave. Re-
IaCOr maze no ueiildHsi iol IiiC Sc~i6ii
and did not attempt to occupy the office
for a period Of seventeen months after
leaving for Mexico. He afterwards
brought proceedings to secure possess
sion of the office. Held, that there
was evidence from which the jury
could find that he intended to abandon
the office. Atty Gen. Moreland VS..
Maybury, IL DIN 324 (Mich)