Hazard v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. Action to recover damages for injuries to the plaintiff’s horse, by reason of the alleged negligence of the defendant in constructing an insufficient culvert in a street of the city, which caused the street to overflow and, become obstructed with mud, rubbish, stones, bricks, and other refuse matter. There was a trial by jury, which resulted in a verdict and judgment for the plaintiff.
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Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. Action to recover damages for injuries to the plaintiff’s horse, by reason of the alleged negligence of the defendant in constructing an insufficient culvert in a street of the city, which caused the street to overflow and, become obstructed with mud, rubbish, stones, bricks, and other refuse matter. There was a trial by jury, which resulted in a verdict and judgment for the plaintiff. The defendant appeals. —
1Opinion of the CourtRothrock, J.
i. streets: de-verb^negii-evidence. I. The argument of counsel for the appellant proceeds upon the theory that the evidence does not show that the city was negligent in the construction of the culvert, and in permitting brickbats, brush, *53and other rubbish to remain in the street. It can not be a subject of debate that the culvert was insufficient to carry off the water which came down from the adjacent land. The fact is undisputed that the culvert became clogged up, and that the water washed over the street, and deposited brickbats and other rubbish upon the surface of the street, and there…
2Cases cited1 opinion
- Hazzard v. City of Council BluffsSupreme Court of Iowa · 1890
3Cited by8 opinions
- Williamson v. PavlovichOhio Supreme Court · 1989
- Wilberding v. City of DubuqueSupreme Court of Iowa · 1900
- Town of Palm Beach v. HoveySupreme Court of Florida · 1934
- Saylor v. City of MontesanoWashington Supreme Court · 1895
- Mardis v. City of Des MoinesSupreme Court of Iowa · 1948
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