Wallace v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — W. H. McHenry, Judge. Action to recover damages because of plaintiff’s falling into a catch basin, because of a defective cover thereon, which turned edgewise and gave way when plaintiff stepped upon it. Trial to a jury, and verdict and judgment for plaintiff for $850. Defendant appeals.
1Opinion of the CourtPrioston, J.
It was alleged that the manhole lid, or cover, was defective, in that it did not fit the groove for which it was intended, but was too small, and tipped with plaintiff; that the city had actual and constructive notice of said conditions. The lid and groove were iron. It was stipulated that the street, at the point in question, including the catch basin, was owned, controlled, and maintained by the city, and had been for two or three years prior to the time of the plaintiff’s injury.
Defendant introduced no evidence, except that of the *1100weather man to show conditions as to rain at the time…
2Cases cited3 opinions
- Cook v. City of AnamosaSupreme Court of Iowa · 1885
- Platts v. City of OttumwaSupreme Court of Iowa · 1910
- Ledgerwood v. City of Webster CitySupreme Court of Iowa · 1895
3Cited by1 opinion
- Krska v. Incorporated Town of PocahontasSupreme Court of Iowa · 1925