Ashbach v. Iowa Telephone Co.
Supreme Court of Iowa
Appeal from Polk District Court. — ITon. Charles S. Bradshaw, Judge. ' Action to recover damages for injuries sustained by plaintiff, Leonard Ashbach, due to the alleged negligence of defendant in operating some of its appliances in a public street in the city of Des Moines without maintaining a guard or giving warning to those who might come in contact therewith.
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Appeal from Polk District Court. — ITon. Charles S. Bradshaw, Judge. ' Action to recover damages for injuries sustained by plaintiff, Leonard Ashbach, due to the alleged negligence of defendant in operating some of its appliances in a public street in the city of Des Moines without maintaining a guard or giving warning to those who might come in contact therewith. Negligence was denied, and contributory negligence pleaded, and, on the issues joined, the case was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, J.
Although this action is brought for and on behalf of a minor, by his next friend, we shall for convenience, call the injured party “plaintiff.” The facts stated most strongly for plaintiff, as they should be on this appeal, are as follows: The defendant, the Iowa Telephone Company, having for the purposes of this case the right to occupy the streets of the city of Des Moines, was on the 23d day of February, 1912, engaged in stringing large lead cables or conduits to the cross-arms of telephone poles on College avenue, in said city. At the time of the accident in question, it was at work…
2Cases cited16 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Kelly v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1913
- Ferrell v. Dixie Cotton MillsSupreme Court of North Carolina · 1911
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3Cited by3 opinions
- McKiddy v. Des Moines Electric Co.Supreme Court of Iowa · 1926
- Appling Ex Rel. Preminger v. StuckSupreme Court of Iowa · 1969
- Wilmes v. Chicago, Great Western RailroadSupreme Court of Iowa · 1916