Cramer v. City of Burlington
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. This is an action to recover for damages alleged to have been sustained on account of being precipitated over a set7off in a sidewalk of defendant, which, it is alleged, was left in a dangerous condition and not sufficiently guarded by barriers or railing.
Read the full summary
Appeal from Des Moines Circuit Court. This is an action to recover for damages alleged to have been sustained on account of being precipitated over a set7off in a sidewalk of defendant, which, it is alleged, was left in a dangerous condition and not sufficiently guarded by barriers or railing. The defendant denies the allegation of the petition and alleges that plaintiff was out late at night in a state of intoxication, and that whatever injuries he sustained resulted from his own carelessness and negligence. There was a jury trial and a verdict and judgment for plaintiff for $8,000. The…
1Opinion of the CourtDay, J.
1. jury • taxagainsta°ta<m corporation, I. One Robert Todd was called as a juror, and upon inquiry he stated that he was a resident of the City of Burlington, an owner of property therein, and a taxpayer. Thereupon the plaintiff’s attorney challenged Todd for canse, and the court sustained the challenge. The defendant excepted, and assigns this ruling as error. In Dively v. The City of Cedar Falls, 21 Iowa, 565, it was held that it was no abuse of discretion, under Revision, section 3039, subdivision 2, to exclude for cause from the jury a citizen and tax-payer of the defendant. Subdivision…
2Cases cited4 opinions
- Peninsular Railway Co. v. HowardMichigan Supreme Court · 1870
- Gordon v. BrunerSupreme Court of Missouri · 1872
- Dively v. City of Cedar FallsSupreme Court of Iowa · 1866
- Stryker v. TurnbullNew York Supreme Court · 1805
3Cited by26 opinions
- Nicholson v. City of Des MoinesSupreme Court of Iowa · 1954
- Kentucky Hydro-Electric Co. v. WoodardCourt of Appeals of Kentucky (pre-1976) · 1926
- King v. HenkieSupreme Court of Alabama · 1886
- Sylvester v. Incorporated Town of CaseySupreme Court of Iowa · 1900
- Lane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
21 more not listed; retrieve them via the Exa API.