Legal Opinion

Morgan v. City of Des Moines

U.S. Circuit Court for the Southern District of Iowa

Decided March 9, 1893PublishedCited by 3 opinions

At Law. Action by Allelia R. Morgan, by ber next friend, against the city of Des Moines, to recover damages for injuries sustained through the alleged negligence of defendant in not keeping its streets in repair. Defendant demurs to the petition.

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At Law. Action by Allelia R. Morgan, by ber next friend, against the city of Des Moines, to recover damages for injuries sustained through the alleged negligence of defendant in not keeping its streets in repair. Defendant demurs to the petition. Statement by WOOLSON, District Judge: The plaintiff, a resident of the state of Oregon, and five years of age, by her next friend, brings this suit against the city of Bes Moines to recover damages alleged to have been suffered by her on account of negligence of defendant in not keeping its streets in good repair. The petition alleges that plaintiff…

1Opinion of the Court

WO OLSON, District Judge.

Section 1, c. 25, Acts 22d Gen. 'Assem. Iowa, (Sess. 1888,) reads as follows:

*457“That in all casos of personal injury resulting from defective streets or sidewalks, or from any cause originating in the neglect or failure of any municipal corporation, or of its officers, to perform their duties in constructing or maintaining streets or sidewalks, no suit shall be brought against the corporation after six months from the time of the injury, unless written notice, specifying tlio place and. circumstances of the injury, shall have been served upon such municipal corporation…

2Cases cited8 opinions

  1. M'iver, Lessees v. RaganSupreme Court of the United States · 1817
  2. State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
  3. President of the Bank of Alabama v. DaltonSupreme Court of the United States · 1850
  4. Davis & Bro. v. WoolnoughSupreme Court of Iowa · 1859
  5. State v. ShrevesSupreme Court of Iowa · 1891

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Davidson v. City of MuskegonMichigan Supreme Court · 1897
  2. Morgan v. City of Des MoinesCourt of Appeals for the Eighth Circuit · 1894
  3. McDonald v. City of Spring ValleyAppellate Court of Illinois · 1918

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