Shumway v. City of Burlington
Supreme Court of Iowa
Appeal from Des Moines District Gourt. — HoN. James D, Smyth, Judge. ActioN at law to recover for personal injuries alleged to Have been caused by negligence on tbé part of tbe defendant. A jury was impaneled, and when the plaintiff had submitted his evidence the court directed a verdict for the defendant, and rendered judgment in its favor for costs. The plaintiff appeals. —
1Opinion of the Court
Kobinson, O. J.
1 — The evidence tended to show the following: About 9 o’clock on the evening of March 3, 1897, the plaintiff, while exercising proper care and caution, fell on a sidewalk of the defendant, and received injuries for which he seeks to recover. Water had been for several years accumulated on adjacent premises, flowing thereon from a well or spring, and was discharged through a hole in a fence, cut for that purpose, over the walk at a place where the accident occurred. The walk was laid on a street curbed, guttered, paved and sewered with brick, and was made of boards twelve feet…
2Cases cited8 opinions
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Ford v. City of Des MoinesSupreme Court of Iowa · 1898
- Weitz v. Independent District of Des MoinesSupreme Court of Iowa · 1890
- Kelleher v. City of KeokukSupreme Court of Iowa · 1883
- Commonwealth v. KendrickMassachusetts Supreme Judicial Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. City of YanktonSouth Dakota Supreme Court · 1909
- Templin v. Incorporated City of BooneSupreme Court of Iowa · 1905
- McCartney v. City of WashingtonSupreme Court of Iowa · 1904
- Doran v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1915
- Griffin v. City of MarionSupreme Court of Iowa · 1914
2 more not listed; retrieve them via the Exa API.