Legal Opinion

Lush v. Incorporated Town of Parkersburg

Supreme Court of Iowa

Decided July 11, 1905PublishedCited by 7 opinions

Appeal from Butler District Court.— IIoN. Olieeoed P. ' Smith, Judge. ActioN to recover damages for injuries sustained from a fall on a sloping approach from a street to a sidewalk, which was, as alleged, in a defective condition, due to the negligence of the defendant. On' trial to a jury there was a verdict for defendant, and from the judgment on this verdict plaintiff appeals.

1Opinion of the CourtUcClaiN, J.

The allegation as to the negligence of the defendant was that the accident: “ was occasioned wholly by the fault, carelessness, and negligence of the defendant corporation, its officers and agents, for that the said approach upon which plaintiff slipped and fell was improperly and negligently constructed in such a way as to produce an abrupt, steep, and dangerous' incline from the walk to the *703bottom of said approach, and was carelessly and negligently constructed, in that the planks were placed lengthwise, and in that no cleats or strips had been nailed across it to prevent one from slipping,…

2Cited by7 opinions

  1. Hanson v. City of AnamosaSupreme Court of Iowa · 1916
  2. McMahon v. Iowa Ice Co.Supreme Court of Iowa · 1907
  3. Griffin v. City of MarionSupreme Court of Iowa · 1914
  4. Hawkins v. VermeulenSupreme Court of Iowa · 1930
  5. Leonard v. City of MuscatineSupreme Court of Iowa · 1940

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