Legal Opinion

Hawley v. City of Atlantic

Supreme Court of Iowa

Decided October 16, 1894PublishedCited by 7 opinions

Appeal from Cass District Court. — Hon. H. E.Deemeb, Judge. Action for the recovery of damages for the death of Frederick J. Hawley, a minor child. Verdict and judgment for plaintiff. Defendant appeals.

1Opinion of the CourtKinne, J.

*1731 *172I. "• The petition charges that the death of plaintiff’s intestate was caused by the negligence of the defendant in permitting parties to excavate in one of the public streets of defendant city, and to take therefrom sand, thereby making a hole, the banks of which were nearly perpendicular, and liable to give-way, causing the death of anyone who happened to be in said pit; that the condition of said pit was open and notorious for such a length of time that, in the exercise of ordinary care, defendant and its agents and employees could have known thereof, and have prevented *173accidents by…

2Cases cited7 opinions

  1. Mershon v. National InsuranceSupreme Court of Iowa · 1871
  2. Talty v. City of AtlanticSupreme Court of Iowa · 1894
  3. Bills v. City of OttumwaSupreme Court of Iowa · 1872
  4. Hardin v. BrannerSupreme Court of Iowa · 1868
  5. Lamb v. First Presbyterian SocietySupreme Court of Iowa · 1865

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Gilligan v. City of ButteMontana Supreme Court · 1946
  2. Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
  3. Peters v. City of TampaSupreme Court of Florida · 1934
  4. Barrett v. Village of PrincetonSupreme Court of Minnesota · 1916
  5. Crynes v. City of IndependenceSupreme Court of Iowa · 1902

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