Negligence. Death of Horse. Fright. Lee v. City of Burlington, 85 N. W. 618 (Ia.)

1901 The Yale law journal  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. RECENT CASES. dinary use to which it put. Held, that where a sewer under the control of a city becomes obstructed by ordinary use, and an abutting owner's property is injured thereby, a presumption of negligence arises calling upon the defendant for an explanation, and upon failure to show that watchfulness and care had been exercised to keep the sewer in proper condition, a finding of negligence would be sustained. This case is in accord with the majority of decisions which hold that when a sewer has been determined upon and is constructed, the duties of constructing it properly and keeping it in good condition and repair are maintained, and that negligence in the performance of those duties will render the city liable for damages resulting therefrom. Mills v. City of Brooklyn, 32 N. Y. 489; Boston v. City of Syracuse, 37 N. Y. 54; Mayor v. Furze, 3 Hill 612; Horn v. Burnhoof, Ct. Ap. Conn. MUNICIPAL CORPORATIONS-SPECIAL ASSESSMENTS-CONSTITUTIONALITY-ZELURDER V. BARBER ASPHALT PAVING CO., 106 Fed. 103.-A statute, whereby municipal corporations are given the right to assess abutting property owners for the total cost of street improvements without any opportunity first being given for an examination into the question of benefits, is unconstitutional.
doi:10.2307/781590 fatcat:q3q52xzujfd3lol6fw7jijiqye