Clark v. Town of Epworth
Supreme Court of Iowa
Appeal from, Dubuque Circuit Court. The plaintiff filed a petition in substance alleging that the defendant is a municipal corporation organized and existing under the general laws of the State, and it is its duty to keep the streets in said incorporated town in good order and repair; that within said town there is a street called and known as Main street, which is a public highway for the passage of all persons on foot and with teams; that with the knowledge, approval and…
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Appeal from, Dubuque Circuit Court. The plaintiff filed a petition in substance alleging that the defendant is a municipal corporation organized and existing under the general laws of the State, and it is its duty to keep the streets in said incorporated town in good order and repair; that within said town there is a street called and known as Main street, which is a public highway for the passage of all persons on foot and with teams; that with the knowledge, approval and consent of the defendant a deep and dangerous ditch had been dug across Main street, just where said street crosses…
1Opinion of the Court
Day J.
l. municipal concrofoyer ! uiíitylór’persona injury. It is conceded that the question sought tobe raised by the demurrer, and the only one which either party desires to have determined is: “Can an incorporated town, organized under the general incorporation act, be held liable to a citizen for an injury SUS£a}ne(j py passing along a public highway in said town, which was occasioned by an excavation made in such highway by the supervisor of the highway district in which said town is located, while such supervisor was engaged in repairing the highway?”
*464It is claimed by the appellee that…
2Cases cited1 opinion
- Marks v. County of WoodburySupreme Court of Iowa · 1877
3Cited by5 opinions
- Chamberlain v. Iowa Telephone Co.Supreme Court of Iowa · 1903
- Whitlatch v. City of Iowa FallsSupreme Court of Iowa · 1924
- Gallaher v. HeadSupreme Court of Iowa · 1887
- Aldrich v. PaineSupreme Court of Iowa · 1898
- Chicago, Rock Island & Pacific Railway Co. v. MurphySupreme Court of Iowa · 1898