Legal Opinion

Reed v. City of Muscatine

Supreme Court of Iowa

Decided December 18, 1897PublishedCited by 25 opinions

Appeal from Muscatine District Court. — Hon. A. J. House, Judge. Action at law to recover damages for personal injuries sustained by plaintiff while driving along one of the streets of the defendant city, — due, as is alleged, to a defect therein for which defendant is responsible. Trial to a jury. Verdict and judgment for plaintiff, and defendant appeals.

1Opinion of the CourtDeemer, J.

*1841 *183There is but one question in the case which is of sufficient importance to be noticed in an *184opinion. The petition was filed on the twenty-second day of March, 1895; and it is alleged that the injury occurred on the twenty-fourth day of August, 1894, — more than six months prior to the filing of the petition. There is no allegation that plaintiff gave the defendant notice of the happening of the accident, as required by section 1, chapter 25, Acts Twenty-second General Assembly. Defendant did not demur to the petition, nor did it raise the question of want of notice, in any manner, in the…

2Cases cited9 opinions

  1. Hunt v. . HuntNew York Court of Appeals · 1878
  2. Yates v. LansingNew York Supreme Court · 1810
  3. Gunzberg v. MillerMichigan Supreme Court · 1879
  4. Sheel v. City of AppletonWisconsin Supreme Court · 1880
  5. Boyd & Williams v. J. J. Watson & Co.Supreme Court of Iowa · 1897

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3Cited by25 opinions

  1. United States v. Association of American RailroadsDistrict Court, D. Nebraska · 1945
  2. Borghart v. City of Cedar RapidsSupreme Court of Iowa · 1905
  3. City of Clinton v. Owners of the Property Situated Within Certain Described BoundariesSupreme Court of Iowa · 1971
  4. Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
  5. Ruppin v. McLachlanSupreme Court of Iowa · 1904

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