Rupp v. Howard
Supreme Court of Iowa
Ayveal from Allamakee District Court. — Hon. W. A. Hoyt, Judge. The defendant owned and operated a wagon scale which was set in a public .street of Waukon. It was surrounded by a board rack, fastened with hinges at the corners.
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Ayveal from Allamakee District Court. — Hon. W. A. Hoyt, Judge. The defendant owned and operated a wagon scale which was set in a public .street of Waukon. It was surrounded by a board rack, fastened with hinges at the corners. The plaintiff was in her father’s buggy, with her father and other members of the family; and when passing the scale in question, and while in said street, one end of the scale rack swung around against the team, and so frightened the horses that they ran away. The plaintiff was thrown from the buggy, and sustained injuries for which she seeks recovery in this action.…
1Opinion of the CourtSherwin, J.
The scale and rack in question had- been in use for a Icing time before the accident complained of. Its location was familiar to the plaintiff and to her brother, who was driving the team at the time. There was another street which they might have traveled in reaching their destination; and it is contended by the defendant that it was contributory negligence to use the street on which the scale was situated. There is nothing in the record before ns justifying the holding that there was contributory negligence as a matter of law. The condition of this and other streets at the time was before…
2Cases cited8 opinions
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- State v. HowardSupreme Court of Vermont · 1859
- Blair v. Madison CountySupreme Court of Iowa · 1890
- Kearney v. FarrellSupreme Court of Connecticut · 1859
- Gray v. McLaughlinSupreme Court of Iowa · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Langdon v. AhrendsSupreme Court of Iowa · 1914
- Etzkorn v. City of OelweinSupreme Court of Iowa · 1909
- Buce v. Incorporated Town of EldonSupreme Court of Iowa · 1904
- Johnston v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1909