Legal Opinion

Fleming v. Town of Shenandoah

Supreme Court of Iowa

Decided March 16, 1887PublishedCited by 2 opinions

Appeal from Page District Court. This is an action to recover damages for a personal injury which the plaintiff alleges she received by a fall upon a defective sidewalk upon one of the streets of the town of Shenandoah, defendant. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

1Opinion of the CourtRothrock, J.

1. Evidence: absent witness: notes of testimony on former trial: notice. I. This is the second appeal by the defendant in this case. See 67 Iowa, 505. At the former trial one De Barron was a witness in behalf of the plaint-x iff. He was not present at the last trial. The r pMhitiff offered the reporter’s notes of his testimony, taken upon the former trial, in evidence. Objection was made by the defendant, and the objection was overruled. It is claimed that this ruling was erroneous, because there was no sufficient showing that the plaintiff could not have secured the attendance of the…

2Cases cited1 opinion

  1. Fleming v. Town of ShenandoahSupreme Court of Iowa · 1885

3Cited by2 opinions

  1. Bank of Monroe v. GiffordSupreme Court of Iowa · 1890
  2. City of Fort Madison v. MooreSupreme Court of Iowa · 1899

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