Brown v. McLeish
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. Action to recover damages for personal inj uries sustained by plaintiff by falling into a ditch dug by defendants in a public street. There was a judgment upon a verdict for plaintiff. Both parties appeal.
1Opinion of the CourtBeck, J.
I. The petition alleges, in substance, that defendants, without right or authority, dug a ditch in a public street of a village, and with gross negligence left it open and without guards, or any protection to prevent persons using the street from falling into it, and that plaintiff, while passing along the street, in the exercise of proper care,- fell into the ditch, and was permanently injured. The answer denies the allegations of the petition.
1. Master and Servant: negligence op servant: liability op master. II. Evidence was introduced on behalf of defendants tending to prove that the…
2Cases cited3 opinions
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Moore v. SanborneMichigan Supreme Court · 1853
- Callahan v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867
3Cited by16 opinions
- Reynolds v. Skelly Oil Co.Supreme Court of Iowa · 1939
- Atchison, T. & S. F. Ry. Co. v. CogswellSupreme Court of Oklahoma · 1909
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1905
- In Re Estate of AmondSupreme Court of Iowa · 1926
- Heintz v. Iowa Packing Co.Supreme Court of Iowa · 1936
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