Legal Opinion

Fry v. Dubuque & Southwestern Railway Co.

Supreme Court of Iowa

Decided March 21, 1877PublishedCited by 36 opinions

Appeal from Jones District Court. It is claimed by the plaintiff that the defendant permitted snow and ice to accumulate on the steps and platform at its station house in Monticello, whereby the same became dangerous, and that plaintiff slipped and fell therefrom, whereby she was greatly injured. There was a jury trial. Yerdict and judgment for the plaintiff. Defendant appeals.

1Opinion of the CourtSeevers, J.

i. damages: icai suffering, The evidence satisfies us that the injury received by the plaintiff was not of a permanent character, nor was it at all times painful. At the trial the plaintiff testified: “ I still have to bathe my limb in cold water sometimes and wrap it up after walking, it gets *417painful.” The limb had been previously injured, and the attending physician testified: “I think her limb was in a fair way to recover permanently after the first injury, and I would not say there is no chance for a permanent recovery now, and I think the probabilities are in favor of a recovery now.”…

2Cases cited1 opinion

  1. Collins v. City of Council BluffsSupreme Court of Iowa · 1871

3Cited by36 opinions

  1. Fisher v. Coastal Transport Co.Texas Supreme Court · 1950
  2. Galveston, Harrisburg & San Antonio Railway Co. v. PowersTexas Supreme Court · 1907
  3. Kendall v. City of AlbiaSupreme Court of Iowa · 1887
  4. Omaha & Republican Valley Railway Co. v. BradyNebraska Supreme Court · 1894
  5. Ford v. City of Des MoinesSupreme Court of Iowa · 1898

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