Hall v. Incorporated Town
Supreme Court of Iowa
Appeal from Calhoun District Court.- — -Hon. Gr. W. Paine, Judge. The plaintiff claims that on the evening of October 20, 1891, in company with another lady, she undertook to pass over Second street', in the town of Manson, Iowa, on the sidewalk crossing the same at a, point near the northwest corner of the crossing of Main street and Second street, and that, without negligence on her part, and without knowledge of the existence of an excavation, and of its close proximity…
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Appeal from Calhoun District Court.- — -Hon. Gr. W. Paine, Judge. The plaintiff claims that on the evening of October 20, 1891, in company with another lady, she undertook to pass over Second street', in the town of Manson, Iowa, on the sidewalk crossing the same at a, point near the northwest corner of the crossing of Main street and Second street, and that, without negligence on her part, and without knowledge of the existence of an excavation, and of its close proximity to said cross walk, she fell into an excavation, was violently thrown to the bottom of it, and severely injured. She…
1Opinion of the CourtEjote, J.
*7011 *7022 *700I. This case has once ■ before been in this court, and is reported in 90 Iowa, 585 (58 N. W. Rep. 881). It is insisted that plaintiff’s negligence *701contributed to produce tbe injury of which she complains. It is said that she was possessed of such knowledge touching the excavation, as should have warned her to have taken another way to her destination, and thus have avoided the danger. The evidence does not show that the plaintiff had any knowledge whatever of the existence of the excavation into which she fell. True, it appears that she knew that the town was engaged in putting, in water.…
2Cases cited32 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- State v. WienersSupreme Court of Missouri · 1877
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
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3Cited by27 opinions
- City of South Bend v. TurnerIndiana Supreme Court · 1901
- Town of New Castle v. GrubbsIndiana Supreme Court · 1908
- Stearns v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
- May v. Northern Pacific Railway Co.Montana Supreme Court · 1905
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