Legal Opinion

Crynes v. City of Independence

Supreme Court of Iowa

Decided January 29, 1902Published

Appeal from Buchanan District Court. — Hon. A. S. Blair, J udge. Suit at law to recover, for personal damages caused by a defective walk. Trial to a jury, and verdict and judgment for the plaintiff. Defendant appeals.

1Opinion of the CourtSherwin, J.

1 2 3 The petition, as amended, alleges that the walk where the plaintiff received his injuries was almost constantly subject to severe usage by the unloading of heavy trunks thereon, which was well known to the defendant, and that the walk was of insufficient strength and 1 hickness for such use. The plaintiff received his injury between 10 and 11 o’clock at night by stepping on a plank in the walk that had been broken only two or three hours before by a heavy trunk that had fallen upon it from a dray. There was no evidence of actual notice to the city of the broken plank before the accident…

2Cases cited1 opinion

  1. Hawley v. City of AtlanticSupreme Court of Iowa · 1894

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