Lindsay v. City of Des Moines
Supreme Court of Iowa
Appeal from, Pollc Circuit Court. This is an action to recover damages for an alleged injury to the plaintiff which he claims he received- by a fall upon a sidewalk, which it is alleged was in a dangerous condition by reason of an accumulation of ice and snow thereon. The claim is that the injury was occasioned by reason of the negligence of the city in not using proper diligence to remove the snow and ice.
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Appeal from, Pollc Circuit Court. This is an action to recover damages for an alleged injury to the plaintiff which he claims he received- by a fall upon a sidewalk, which it is alleged was in a dangerous condition by reason of an accumulation of ice and snow thereon. The claim is that the injury was occasioned by reason of the negligence of the city in not using proper diligence to remove the snow and ice. The answer was a general denial, and contributory negligence on the part of the plaintiff. There was a trial by jury, and a verdict and judgment for the defendant. Plaintiff appeals.
1Opinion of the Court
Rothrook, J\
I. In the instructions given to the jury, after stating the cause of action', in substance, and the defense thereto, the court used this language: “For a more precise and exact statement of the allegations of the parties, and the issues in the case, see the pleadings themselves. * * *” We held in Bryan v. Chicago, R. I. & P. R’y Co., 63 Iowa, *369464, that a direction to the jury in this precise language was erroneous. In that case, as in this, the court prefaced the objectionable direction to the jury by quite a full statement of the substance of the averments of the petition and…
2Cases cited1 opinion
- Bryan v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
3Cited by12 opinions
- Ford v. City of Des MoinesSupreme Court of Iowa · 1898
- Robinson & Co. v. BerkeySupreme Court of Iowa · 1896
- City of Lincoln v. SmithNebraska Supreme Court · 1890
- Hall v. CarterSupreme Court of Iowa · 1888
- Finnane v. City of PerrySupreme Court of Iowa · 1914
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