Frazee v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District CouH. — Hon. M. P. Smith, J udge: Action at law to recover damages for personal injuries received by plaintiff, caused by his horse being frightened at a boulder which was allowed to remain in one of defendant’s streets.
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Appeal from Linn District CouH. — Hon. M. P. Smith, J udge: Action at law to recover damages for personal injuries received by plaintiff, caused by his horse being frightened at a boulder which was allowed to remain in one of defendant’s streets. In an amendment to the petition, he also averred that his injuries were 'Caused, not only by defendant’s negligence in permitting the boulder to remain in the street, but also by reason of defendant’s having negligently made a large ditch or excavation in the street just opposite the boulder, and a steep and dangerous incline about three feet in…
1Opinion of the Court
Deemer, J. —,, i. Municipal notfc^of1 °de-: pleadings-"6641 amendment. I. The negligence charged in the original petition is as follows: “That for a long time last past the defendant has permitted, maintained, suffered, and allowed to remain on and upon the westerly ^ # ■L " side the street and highway commonly known as the Center Point road, within -the said the same being the street and highway extending northerly from the intersection of Thirteenth (13th) street and E avenue to the city limits, and at a point upon said street and road between two and twenty rods from the city limits or…
2Cases cited21 opinions
- House v. MetcalfSupreme Court of Connecticut · 1858
- Gould v. SchermerSupreme Court of Iowa · 1897
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Bemis v. TempleMassachusetts Supreme Judicial Court · 1894
- Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kendall v. City of Des MoinesSupreme Court of Iowa · 1918
- O'Neill v. City of St. LouisSupreme Court of Missouri · 1922
- Hobbs v. Illinois Central RailroadSupreme Court of Iowa · 1917
- Whitlatch v. City of Iowa FallsSupreme Court of Iowa · 1924
- Waring v. Dubuque Electric Co.Supreme Court of Iowa · 1921
3 more not listed; retrieve them via the Exa API.