Simpson v. City of Keokuk
Supreme Court of Iowa
Appeal from Lee Oi/rewit Gov/rt. Action to recover damages suffered by the plaintiffs, for the alleged careless and negligent manner in which the defendant had constructed the gutters and drains in the streets and alleys on which plaintiffs’ property abutted.' The plaintiffs claimed for damages suffered in 1862, and continuously thereafter, up to the date of bringing suit, July, 18T1. A demurrer to all claims, prior to five years before suit, was sustained.
Read the full summary
Appeal from Lee Oi/rewit Gov/rt. Action to recover damages suffered by the plaintiffs, for the alleged careless and negligent manner in which the defendant had constructed the gutters and drains in the streets and alleys on which plaintiffs’ property abutted.' The plaintiffs claimed for damages suffered in 1862, and continuously thereafter, up to the date of bringing suit, July, 18T1. A demurrer to all claims, prior to five years before suit, was sustained. The answer of defendant is in denial. Trial to a jury; verdict and judgment for plaintiffs for $150. The defendant appeals.
1Opinion of the CourtCole, J.
The errors assigned relate to the instructions given by the court to the jury. Among others, the court gave the following: If the jury find that the plaintiffs’ property was damaged by water accumulating on their premises by and through the negligence or carelessness on the part of the corporation and its officers and employees, then they must find for the plaintiffs, unless a slight expense cmd slight effort would have prevented the imgwry.”
The words in italics were annexed to several other instructions, and, in one case, had added to them, also, the words, u compa/red with such damages as…
2Cases cited1 opinion
- Mather v. Butler CountySupreme Court of Iowa · 1869
3Cited by20 opinions
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
- In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- Smith v. Chicago, Clinton & Dubuque R. R.Supreme Court of Iowa · 1874
- Grindle v. Eastern Express Co.Supreme Judicial Court of Maine · 1877
- Bartle v. City of Des MoinesSupreme Court of Iowa · 1874
15 more not listed; retrieve them via the Exa API.