Legal Opinion

Van Winter v. Henry County

Supreme Court of Iowa

Decided October 17, 1883PublishedCited by 6 opinions

Appeal from Des Moines District Court. The petition states that the defendant was engaged in repairing a bridge over a creek on a public highway.

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Appeal from Des Moines District Court. The petition states that the defendant was engaged in repairing a bridge over a creek on a public highway. “That a certain grade was made by the defendant approaching said bridge, which led on to certain plank or timber work approaching to and north of said bridge proper, it being intended that the intermediate space should be ñlled with earth, which, however, was not done, and that the land was in such condition as to leave an offset or precipice over the end of said plank or trestle work approach, of the height of from eight to twelve feet, the same…

1Opinion of the CourtSeevers, J.

— We understand the undisputed facts to be, that plaintiff and one Yotaw left Iowa City in the evening with a horse and buggy, and reached the place where the accident occured about three o’clock at night, it being then quite dark. The bridge proper over the creek is about sixty feet long. There was at the time of the accident a steep earth embankment at each end, enabling travelers to pass over the bridge, but there were one or more fords over the creek, which were used to some extent instead of the bridge. North of the bridge, and about ninety feet distant, was a trestle work sixty feet in…

2Cases cited4 opinions

  1. Brockman v. BerryhillSupreme Court of Iowa · 1864
  2. Wood v. Ind. Sch. Dist.Supreme Court of Iowa · 1876
  3. Lombard v. C., R. I. & P. R.Supreme Court of Iowa · 1877
  4. Noel v. Dubuque, Bellevue & Mississippi R.Supreme Court of Iowa · 1876

3Cited by6 opinions

  1. Baxter v. City of Cedar RapidsSupreme Court of Iowa · 1897
  2. Lehman ex rel. Lehman v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1911
  3. Lindsay v. City of OmahaNebraska Supreme Court · 1890
  4. Harrison v. Palo Alto CountySupreme Court of Iowa · 1898
  5. Fox v. McCurninSupreme Court of Iowa · 1930

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