McKern v. City of Albia
Supreme Court of Iowa
Appeal from Mowroe Circuit Cowt. Action to recover for personal injuries sustained by plaintiff from a fall caused by a defective sidewalk constructed upon one of the streets of defendant. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
i. cities and on^Vdéwalk^ struction. -I. The petition is in the usual form, alleging that the defects in the sidewalk causing the injuries to plaintiff were negligently permitted by defendant after having notice thereof, and that the injury was received by the plaintiff while in the exercise of due care. The answer puts in issue all allegations of the petition.
The injury to plaintiff was caused by a loose plank in the sidewalk. The district court, after directing the jury as to the care to be exercised by plaintiff, and tbat notice to defendant of the defect actual or constructive, should be…
2Cited by5 opinions
- Christy v. Des Moines City Railway Co.Supreme Court of Iowa · 1905
- Dodd v. ScottSupreme Court of Iowa · 1890
- Fullerton Lumber Co. v. SpencerSupreme Court of Iowa · 1890
- Kempe v. BennettSupreme Court of Iowa · 1907
- Second National Bank v. LaninSupreme Court of Iowa · 1914