Yahn v. City of Ottumwa
Supreme Court of Iowa
Appeal from Wapello District Oov/rt. This action was brought to recover damages for an injury received by the plaintiff hy being thrown from a wagon in one of the streets of Ottumwa, the accident having been occasioned, as it is alleged, by reason of one of the wheels of the wagon coming in contact with a stone, which the city authorities had negligently allowed to remain upon the street.
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Appeal from Wapello District Oov/rt. This action was brought to recover damages for an injury received by the plaintiff hy being thrown from a wagon in one of the streets of Ottumwa, the accident having been occasioned, as it is alleged, by reason of one of the wheels of the wagon coming in contact with a stone, which the city authorities had negligently allowed to remain upon the street. The pleadings are in the usual form of actions of this character, and a trial to a jury resulted in a verdict and judgment for the plaintiff Defendant appeals.
1Opinion of the CourtRothrock, J.
1. The plaintiff and her husband, who is a farmer, reside in the vicinity of Ottumwa. On the morn*430ing of the day the injury was received, they went to Ottumwa in an ordinary farm wagon drawn by two horses, to sell some potatoes and purchase some family supplies. After selling the potatoes, the plaintiff went to another part of the city on an errand, and the husband drove the wagon down along the edge of Jefferson street, and left it standing there awaiting plaintiff’s return. When she returned they put some chairs, which they had purchased, in the wagon, and the plaintiff seated herself upon…
2Cases cited5 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Barker v. ColemanSupreme Court of Alabama · 1859
- Commonwealth v. PopeMassachusetts Supreme Judicial Court · 1869
- State v. HuxfordSupreme Court of Iowa · 1877
- Tuffree v. Incorporated TownSupreme Court of Iowa · 1881
3Cited by61 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
- Bever v. SpanglerSupreme Court of Iowa · 1895
- State v. WelchWest Virginia Supreme Court · 1892
- Missouri Pacifio Railway Co. v. WhiteTexas Supreme Court · 1891
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