Beazan v. Incorporated Town
Supreme Court of Iowa
Appeal from Oerro Gordo Cwcuit Court. The petition states that defendant is a corporation and has control of the streets and sidewalks within the corporate limits; that the defendant permitted a certain sidewalk to become out of repair and negligently permitted it toso remain; that the plaintiff, while passing along the same, without negligence on her part, by reason of a defect in the sidewalk, was thrown or fell thereon, whereby she was greatly injured.
Read the full summary
Appeal from Oerro Gordo Cwcuit Court. The petition states that defendant is a corporation and has control of the streets and sidewalks within the corporate limits; that the defendant permitted a certain sidewalk to become out of repair and negligently permitted it toso remain; that the plaintiff, while passing along the same, without negligence on her part, by reason of a defect in the sidewalk, was thrown or fell thereon, whereby she was greatly injured. There was a general denial. Trial by jury, verdict for the plaintiff for three hundred dollars and judgment therefor. The defendant appeals.
1Opinion of the Court
Seevers, Ch. J.
1. DAMAGES evidence: judgment: I. The error assigned, which is most largely discussed by counsel, is that the verdict is not sustained by the evidence. There was evidence tend-v ing to show the sidewalk was out of repair and that the plaintiff, while exercising proper care because of a defect in the sidewalk w'as thrown or fell thereon. This does not seem to be so seriously questioned by counsel as that she was not injured. It is urged the evidence of the plaintiff is contradicted by others and that it is false. As to the latter we have-to say the jury and the court below must…
2Cited by5 opinions
- Bliven v. City of Sioux CitySupreme Court of Iowa · 1892
- Krska v. Incorporated Town of PocahontasSupreme Court of Iowa · 1925
- Seifert v. City of BrooklynNew York City Court · 1884
- Armstrong v. WaffleSupreme Court of Iowa · 1931
- Fletcher v. KetchamSupreme Court of Iowa · 1920