Manderschid v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Court. Action to recover damages on account of au in|ur^to plaintiff’s horse by reason of a defective bridge, akpajfé, of a street of said city.
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Appeal from Dubuque District Court. Action to recover damages on account of au in|ur^to plaintiff’s horse by reason of a defective bridge, akpajfé, of a street of said city. The petition alleges that plaintiff was driving his teanr of horses and sleigh through the streets of the city, when the horses became frightened and ran away, and, without the fault of plaintiff, becoming unmanageable, ran toward said bridge and threw plaintiff out of the sleigh, and in crossing said bridge one of the horses stepped through a hole negligently permitted, etc., by defendant, whereby its leg was broken,…
1Opinion of the CourtBeck, J.
*110i. Highway: injury from defect: action, *109Where one is injured, in person or property, by a defect of the highway whereon he is traveling, he *110cannot recover therefor unless he used such care as persons oí common prudence exercise. In such a case the plaintiff must show, not only that the highway was not safe, but that he, at the time, was exercising ordinary prudence and care. If he was not, under the doctrine in pari delicto, he cannot maintain an action for the injury. 2 Hilliard on Torts, 403.
a._wbore ptímaiy cause of mjuiy. But the action may be supported although the primary cause is an…
2Cases cited1 opinion
- Verrill v. Inhabitants of MinotSupreme Judicial Court of Maine · 1850
3Cited by16 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- City of Crawfordsville v. SmithIndiana Supreme Court · 1881
- City of Atlanta v. WilsonSupreme Court of Georgia · 1877
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