O'Laughlin v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. This action is brought to recover damages caused the plaintiff by reason of his slipping and falling down, owing' to the negligence of the defendant in not having the sidewalk cleared from accumulations of ice and snow. Defendant appeals, and assigns as error the giving and refusing to give certain instructions. The giving of an instruction based upon an assumption not sustained by the evidence is erroneous.
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Appeal from Dubuque Circuit Court. This action is brought to recover damages caused the plaintiff by reason of his slipping and falling down, owing' to the negligence of the defendant in not having the sidewalk cleared from accumulations of ice and snow. Defendant appeals, and assigns as error the giving and refusing to give certain instructions. The giving of an instruction based upon an assumption not sustained by the evidence is erroneous. (Byington v. Mc-Oadden, 34 Iowa, 216; Bindskoff Bros. v. Curran, Id., 326; Dolan v. Jean, 35 Id., 413; Allender v. C., B. L. ds P. B. Co., 37 Id., 264.)…
1Opinion of the Court
Servers, Ch. J.
The plaintiff was somewhat hastily crossing the street in a diagonal direction, and slipped and fell just as he reached the sidewalk. The evidence was conflicting whether the accident was caused by ice on the sidewalk or in the gutter, and there was evidence tending to show that the plaintiff slipped before he reached the sidewalk, and that he had knowledge of the state and condition of the street and sidewalk at the point where he attempted to cross. There was no evidence^ending to show that the cross-walk was in bad condition; for aught that appears it at least was perfectly…
2Cited by10 opinions
- Hall v. Incorporated TownSupreme Court of Iowa · 1896
- Nicholson v. City of Des MoinesSupreme Court of Iowa · 1953
- Goodrich v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1897
- Larsen v. City of Sedro-WoolleyWashington Supreme Court · 1908
- Ely v. City of Des MoinesSupreme Court of Iowa · 1892
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