Kelsh v. Town of Dyersville
Supreme Court of Iowa
Appeal from, Dubuque Circuit Court. While walking on a sidewalk in one of the streets of the defendant town, plaintiff fell and sustained certain injuries. She alleges that the fall and inju»y were occasioned by a defect which defendant negligently permitted to exist in said sidewalk, and she prosecutes this action to recover damages therefor. She recovered a verdict and judgment in the circuit court. Defendant appeals.
1Opinion of the CourtNeed, J.
The cause came on for trial on the sixteenth of June, 1883. On that day a jury was impaneled to try the cause, and counsel for the respective parties made their opening statements. The court then adjourned until the eighteenth of the same month. When it convened on that day, and the jurors were called into the box, it was ascertained that one of the number had been taken sick during the adjournment, and that he was not able to perform his duties as a juror. The court thereupon ordered that he be discharged, and that the trial proceed with the remaining eleven jurors. Defendant objected to so…
2Cases cited1 opinion
- Eshelman v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
3Cited by4 opinions
- Pitcher v. Lakes Amusement Co.Supreme Court of Iowa · 1975
- Conners v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1888
- State v. BelvelSupreme Court of Iowa · 1893
- Pitcher v. Lakes Amusement Co.Supreme Court of Iowa · 1975