Giles v. City of Shenandoah
Supreme Court of Iowa
Appeal from Page District Court. — Hon. A. B. Thornell, Judge. The ^plaintiff stepped into a hole in defendant’s sidewalk, April 21, 1897, causing her to fall into a ditch by it and break her arm. This action for damages was begun August 19, 1897. After the evidence on the part of plaintiff •had been introduced, the court directed a verdict fpr the defendant on the ground that no notice specifying the circumstances of the injury had ever been served.
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Appeal from Page District Court. — Hon. A. B. Thornell, Judge. The ^plaintiff stepped into a hole in defendant’s sidewalk, April 21, 1897, causing her to fall into a ditch by it and break her arm. This action for damages was begun August 19, 1897. After the evidence on the part of plaintiff •had been introduced, the court directed a verdict fpr the defendant on the ground that no notice specifying the circumstances of the injury had ever been served. From the judgment rendered thereon the plaintiff appeals.
1Opinion of the Court
Ladd,- J.
1 2 As the suit was begun more than ninety days after the accident, “unless written notice specifying the place and circumstances of the injury” was served on the defendant city within sixty days thereafter no action can be maintained. Oapter 25, Twenty-second General Assembly, as amended by chapter 63, Twenty-sixth General Assembly; Code, section 3447; Pardey v. Incorporated Town of Mechanicsville, 101 Iowa, 266; Starling v. Incorporated Town of Bedford, 94 Iowa, 194. The only notice served on the defendant was that signed by plaintiff’s attorney, demanding a settlement of the…
2Cases cited7 opinions
- Fertig v. StateWisconsin Supreme Court · 1898
- Bliven v. City of Sioux CitySupreme Court of Iowa · 1892
- Benson v. City of MadisonWisconsin Supreme Court · 1898
- Owen v. City of Fort DodgeSupreme Court of Iowa · 1896
- Starling v. Incorporated Town of BedfordSupreme Court of Iowa · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Neeley v. Incorporated Town of MapletonSupreme Court of Iowa · 1908
- Trigg v. TimmermanWashington Supreme Court · 1916
- Buchmeier v. City of DavenportSupreme Court of Iowa · 1908
- Howe v. Sioux CountySupreme Court of Iowa · 1917
- Schnee v. City of DubuqueSupreme Court of Iowa · 1904
5 more not listed; retrieve them via the Exa API.