Albee v. Floyd County
Supreme Court of Iowa
Appeal from Bremer District Court. Action to recover for personal injuries sustained by plaintiff from being thrown with his sleigh, in which he was then riding, down the bank of the approach to a bridge, the accident being caused by the defective and dangerous condition of such approach. A demurrer to the petition was sustained and judgment rendered for defendant, plaintiff standing upon his pleading. He now appeals to this court.
1Opinion of the CourtBeck, J.
I. The first three grounds of demurrer may be considered together. They present substantially the objection *178that the petition fails to show deféndant constructed'or had control of the construction and repairs of the bridge and approach, and was under obligation to keep it in repair.
The petition alleges that “ the bridge was built about 1869, by money, materials and labor furnished* a part by the county of Floyd, a part by the township of St. Charles, and a part by the citizens of Floyd county; that the approaches of the bridge were a part of the bridge and necessary to enable travelers to…
2Cases cited4 opinions
- Soper v. Henry CountySupreme Court of Iowa · 1868
- Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
- Moreland v. Mitchell CountySupreme Court of Iowa · 1875
- Chandler v. Fremont CountySupreme Court of Iowa · 1875
3Cited by4 opinions
- Eginoire v. Union CountySupreme Court of Iowa · 1900
- Miller v. Boone CountySupreme Court of Iowa · 1895
- Person v. Polk CountySupreme Court of Iowa · 1921
- Casey v. Tama CountySupreme Court of Iowa · 1888