Legal Opinion

Achey v. City of Marion

Supreme Court of Iowa

Decided November 18, 1904PublishedCited by 6 opinions

Appeal from Linn District Court.— HoN. J. H. Pkestoh, Judge. ActioN to recover damages for a personal injury. Plaintiff alleges that Thirteenth street is one of the public thoroughfares of the defendant city, and is paved with asphalt.

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Appeal from Linn District Court.— HoN. J. H. Pkestoh, Judge. ActioN to recover damages for a personal injury. Plaintiff alleges that Thirteenth street is one of the public thoroughfares of the defendant city, and is paved with asphalt. She claims that about July 1, 1902, the defendant carelessly and negligently erected, and thereafter, and down to the time of her alleged accident and injury, maintained, a wooden approach from the street paving on said street to the west curb thereof; that said approach was about five feet in length, the west end resting upon the curbstone, and the east end…

1Opinion of the Court

Bishop, J.—

1 Evidence:change in walk. I.. Appellant complains of errors alleged to have been committed in connection with the introduction of the evidence, and we notice such thereof as are presented in argument. Mrs. Jaek, a witness for. plaintiff, having testified that she lived on the corner of Thirteenth and the intersecting street, said that the approach in question was put in some *49time in July, and that it remained there two or three weeks. She then said that the husband of plaintiff called upon her, and told her of the injury to his wife; that at the time of such call the approach had…

2Cases cited7 opinions

  1. Ford v. City of Des MoinesSupreme Court of Iowa · 1898
  2. Jordan v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1904
  3. Shultz v. GriffithSupreme Court of Iowa · 1897
  4. Union Pac. Ry. Co. v. JonesCourt of Appeals for the Eighth Circuit · 1892
  5. Van Bergen v. EulbergSupreme Court of Iowa · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1952
  2. Worez v. Des Moines City Railway Co.Supreme Court of Iowa · 1916
  3. Cody v. Toller Drug Co.Supreme Court of Iowa · 1942
  4. Patton v. Incorporated Town of SanbornSupreme Court of Iowa · 1907
  5. Clark v. City of Cedar RapidsSupreme Court of Iowa · 1906

1 more not listed; retrieve them via the Exa API.

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