Kincaid v. Hardin County
Supreme Court of Iowa
Appeal from Hardin District Court. It is averred in the petition that the defendant, is the owner of a two story building in Eldora, Hardin county,- which is used as a court-house, and in the upper story of which the sessions of the District and Circuit Courts are held. That on the 15th day of October, 1878, the plaintiff was in attendance as a witness upon a night session of the District Court in said building.
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Appeal from Hardin District Court. It is averred in the petition that the defendant, is the owner of a two story building in Eldora, Hardin county,- which is used as a court-house, and in the upper story of which the sessions of the District and Circuit Courts are held. That on the 15th day of October, 1878, the plaintiff was in attendance as a witness upon a night session of the District Court in said building. That the’ said building was accessible only by a narrow and unguarded stairway, which at night was extremely dangerous and unsafe to pass down, unless' lighted by a lamp, or other…
1Opinion of the CourtRothrock, J.
1. counties: quasi corpowuty'for anegligence. We are required to determine in this case whether a county is liable in damages to a person injured by reason of the negligent construction of a court-_ „ ' , . . house, and because ot negligence m not lighting an unguarded and dangerous stairway leading to a court-room. If in the discussion of the question regard is to be had to adjudicated cases it must be held that no such liability exists. See Dillon on Municipal Corporations, Yol. 2, section 762; Cooley’s Constitutional Lim., p. 246; Addison on Torts, Yol. 2, p. 1298. A large number of…
2Cases cited4 opinions
- Soper v. Henry CountySupreme Court of Iowa · 1868
- Wilson v. Jefferson CountySupreme Court of Iowa · 1862
- Krause v. Davis CountySupreme Court of Iowa · 1876
- Huston v. Iowa CountySupreme Court of Iowa · 1876
3Cited by37 opinions
- Freel v. School City of CrawfordsvilleIndiana Supreme Court · 1895
- Henry Shenk Co. v. Erie CountySupreme Court of Pennsylvania · 1935
- Snethen v. Harrison CountySupreme Court of Iowa · 1915
- Moody v. State Prison.Supreme Court of North Carolina · 1901
- Downing v. Mason CountyCourt of Appeals of Kentucky · 1888
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