Legal Opinion

Brose v. City of Dubuque

Supreme Court of Iowa

Decided May 2, 1922PublishedCited by 2 opinions

Appeal from Dubuque District Court. — D. E. Maguire, Judge. Action to recover damages for the death of plaintiff’s intestate, caused, as is alleged, by defendant’s negligence. Trial to a jury. At the close of plaintiff’s evidence, defendant’s motion for a directed verdict was sustained. Plaintiff appeals.—

1Opinion of the CourtPreston, J.

— Deceased was about seven years of age, and lived with her parents, Charles G. Brose and wife, in the city of Dubuque, some six blocks from the scene of the accident. On July 9, 1919, she was visiting at the home of her aunt, Bertha Kennecker, whose home was situated on Lot 28, "West’s Addition to Dubuque. The Bee Branch sewer passes in the vicinity of and through Lots 27 and 28, West’s Addition, and runs in a northwesterly and southeasterly direction, the flow of the water being to the southeast, and empties into the Mississippi River. It is 7 feet high and 14 feet wide inside, constructed…

2Cases cited24 opinions

  1. City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
  2. Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
  3. Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
  4. Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
  5. Capp v. City of St. LouisSupreme Court of Missouri · 1913

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3Cited by2 opinions

  1. Power v. Village of HibbingSupreme Court of Minnesota · 1930
  2. Bird Ex Rel. Bird v. City of KeokukSupreme Court of Iowa · 1939

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