Legal Opinion

Finnegan v. City of Sioux City

Supreme Court of Iowa

Decided October 17, 1900PublishedCited by 20 opinions

Appeal from Woodbury District Court.' — Hon. J. F. Oliver, Judge. Action for damag’es on account of personal injuries caused by a defective street. A jury was waived by the parties, and trial had to the court. From a judgment in plaintiff’s favor, defendant appeals.-

1Opinion of the CourtWaterman, J.

Plaintiff, while carrying a package to put in the buggy of a friend, who had stopped in the street a short distance from the curbstone,- stepped into a hole in the driveway and fell, causing the injuries for which he sues.

1 *2342 *233I. Plaintiff had a right to go upon-the driveway of the street for the purpose he did. If his injuries were caused by a defect that rendered the driveway unsafe for usage as such, certainly the city would be liable. Lamb v. City of Cedar Rapids, 108 Iowa, 629; Baker v. City of Grand Rapids, 111 Mich. 447 (69 *234N. W. Rep. 740). There was evidence Lending to show that the…

2Cases cited4 opinions

  1. Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
  2. Baker v. City of Grand RapidsMichigan Supreme Court · 1897
  3. Lamb v. City of Cedar RapidsSupreme Court of Iowa · 1899
  4. Henney Buggy Co. v. CathelsSupreme Court of Iowa · 1899

3Cited by20 opinions

  1. Wine v. JonesSupreme Court of Iowa · 1917
  2. Walmer-Roberts v. HennesseySupreme Court of Iowa · 1921
  3. Van Wie v. United StatesDistrict Court, N.D. Iowa · 1948
  4. Battis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1904
  5. Joyner v. UtterbackSupreme Court of Iowa · 1923

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