Little v. Pottawattamie County
Supreme Court of Iowa
Appeal fr.am,Cass District Court. — HoN. A. B. TeoeNell, Judge. AotioN to recover damages for personal injuries received by plaintiff through the fall of a county bridge. The accident happened June 5th, and this suit was commenced September 1, 1903. Plaintiff filed his claim with the county auditor August 24, 1903; but the board of supervisors of defendant county did not act thereon until September 9th, when it rejected the claim, and denied all liability to plaintiff.
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Appeal fr.am,Cass District Court. — HoN. A. B. TeoeNell, Judge. AotioN to recover damages for personal injuries received by plaintiff through the fall of a county bridge. The accident happened June 5th, and this suit was commenced September 1, 1903. Plaintiff filed his claim with the county auditor August 24, 1903; but the board of supervisors of defendant county did not act thereon until September 9th, when it rejected the claim, and denied all liability to plaintiff. Plaintiff did not serve defendant with notice in writing of the time, place, and circumstances of the accident, but did…
1Opinion of the CourtDeemer, C. J.
*3792. Tort actions: statutes. *378Section 3528 of the Code provides that “ no action shall be brought against any county on an un-*379liquidated demand until tbe same shall be presented to such board Tof supervisors] and payment demanded t_ x -* ± «/ and refused or neglected.” Séction 3447 of tbe same Code also provides, in substance, tbat no action on account of defective bridges shall be brought after three months from the time the cause thereof accrued, unless written notice specifying the time, place, and circumstances of the injury shall have been served upon the county within 60 days from the…
2Cases cited16 opinions
- Bloom v. State InsuranceSupreme Court of Iowa · 1895
- Zalesky v. Home InsuranceSupreme Court of Iowa · 1897
- Seevers v. HamiltonSupreme Court of Iowa · 1860
- Kenyon v. City of Cedar RapidsSupreme Court of Iowa · 1904
- Miller v. PerrySupreme Court of Iowa · 1874
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3Cited by9 opinions
- Gribben v. ClementSupreme Court of Iowa · 1909
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- Dan Dugan Transport Co. v. Worth CountySupreme Court of Iowa · 1976
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