Legal Opinion

Nocks v. Incorporated Town of Whiting

Supreme Court of Iowa

Decided January 14, 1905PublishedCited by 6 opinions

Appeal from Monona District Court.— How. G. W. Wake-field, Judge. Action to recover damages for an accidental injury to a horse owned by plaintiff, the same having been occasioned, as alleged, by a defect in a street of the defendant town. Prom a verdict and judgment in favor of plaintiff, the defendant appeals.—

1Opinion of the Court

Bishop, J.—

The facts shown by the record, and taken most favorably to plaintiff, as we are authorized to do, make it appear that on the day in question a young horse owned by plaintiff, and kept usually in his stable abutting upon a public alley in the defendant town, managed to slip its halter and escape from the balm into the alley, and from thence into the street; that it ran up the- street, being one of the main public streets jn the town, and in doing so it stepped into a hole in the surface thereof, resulting in the accident *406and -injury complained of. Tbe street was eighty feet in…

2Cases cited5 opinions

  1. Young v. HarveyIndiana Supreme Court · 1861
  2. Hurd v. LacySupreme Court of Alabama · 1890
  3. Manderschid v. City of DubuqueSupreme Court of Iowa · 1868
  4. Haughey v. HartSupreme Court of Iowa · 1883
  5. Moss v. City of BurlingtonSupreme Court of Iowa · 1883

3Cited by6 opinions

  1. Engman v. City of Des MoinesSupreme Court of Iowa · 1963
  2. McGee v. Jones CountySupreme Court of Iowa · 1913
  3. Whitlatch v. City of Iowa FallsSupreme Court of Iowa · 1924
  4. Armstrong v. WaffleSupreme Court of Iowa · 1931
  5. Armstrong v. WaffleSupreme Court of Iowa · 1931

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