Calder v. Smalley
Supreme Court of Iowa
Appeal from Muscatine District Court. Action to recover for personal injuries sustained by plaintiff by falling into a scuttle-bole constructed by defendant in a side-walk of a street upon which a building owned by him was erected. A judgment was rendered upon a verdict for plaintiff. Defendant appeals.
1Opinion of the Court
Beck, Ch. J.
J. The petition alleges that defendant owns a certain house and lot, situated upon Second street, in the city of Muscatine; that the cellar under the house extends into the street, under the side-walk, in which defendant made a scuttle-liole to be used for putting wood in the cellar; that the covering of the hole was negligently constructed, being laid down without fastenings, upon planks which were not nailed; that plaintiff, while passing upon the sidewalk over the cellar, without fanlt or negligence upon her part, stepped upon the covering of the scuttle-hole, which gave way,…
2Cases cited3 opinions
- Congreve v. . MorganNew York Court of Appeals · 1858
- City of Keokuk v. Independent DistrictSupreme Court of Iowa · 1880
- Commonwealth v. City of BostonMassachusetts Supreme Judicial Court · 1867
3Cited by24 opinions
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
- Franzen v. Dimock Gould & Co.Supreme Court of Iowa · 1960
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Baltimore Transit Co. v. WorthCourt of Appeals of Maryland · 1947
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