Legal Opinion

Marshall v. City of Belle Plaine

Supreme Court of Iowa

Decided October 21, 1898PublishedCited by 5 opinions

Appeal from Benton District Court. — IIon. G. W. Burnham, Judge. Action,at law to recover for personal injuries alleged to have been caused by negligence on the part of the defendant. After the plaintiff had submitted his evidence, the district-court sustained a motion to direct a verdict for the defendant, a verdict was directed and returned accordingly, and judgment was rendered in favor of the defendant for costs. The plaintiff appeals.

1Opinion of the CourtKobinson, J.

The defendant is a city of the second class. On the fourteenth, day of January, 1895, at about 9 o’clock in the evening, the plaintiff fell in a street of the defendant, and received injuries which prevented him from following his vocation, that of a barber, for several weeks. The accident occurred on an apron which led from a sidewalk to a street crossing in a part of the city which was devoted to business and much frequented. The apron was four feet in width, and seven feet three inches in length, with a fall of fourteen inches. It was made of four boards, each of which was twelve inches…

2Cases cited10 opinions

  1. Parkhill v. Town of BrightonSupreme Court of Iowa · 1883
  2. Barnes v. Town of MarcusSupreme Court of Iowa · 1896
  3. Nichols v. Incorporated Town of LaurensSupreme Court of Iowa · 1895
  4. McGinty v. City of KeokukSupreme Court of Iowa · 1885
  5. Graham v. Town of OxfordSupreme Court of Iowa · 1898

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3Cited by5 opinions

  1. Geagley v. City of BedfordSupreme Court of Iowa · 1944
  2. Lundy v. City of AmesSupreme Court of Iowa · 1926
  3. Evans v. City of IowaSupreme Court of Iowa · 1904
  4. Carter v. Town of LinevilleSupreme Court of Iowa · 1902
  5. Lord Baltimore Filling Stations, Inc. v. MillerCourt of Appeals for the D.C. Circuit · 1940

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