Legal Opinion

Ely v. City of Des Moines

Supreme Court of Iowa

Decided May 28, 1892PublishedCited by 5 opinions

Appeal from Polls District' Court. — Hon. Marcus Kavanagh, Jr., Judge.- Action for damages for a personal injury sustained by the plaintiff by falling into an area way or stairway leading to the basement of a brick building. There was a trial by jury, and a verdict and a judgment for the plaintiff. The defendants appeal.

1Opinion of the CourtRothrock, J.

I. The action was brought against the City of Des Moines and against the owners and the lessee of the .building to which the area- way was the *56entrance. The jury returned a verdict against the city and against Hockersmith, the lessee. It appears from the record that the plaintiff is a resident of Hardin county. In September, 1888, he attended the state fair at Des Moines. After attending the fair for a day or two he went to a house on east Locust street, known as the “Mills House.” He took supper, and went with a friend to attend a theatrical performance. He started on his return to the Mills…

2Cases cited2 opinions

  1. Alline v. City of Le MarsSupreme Court of Iowa · 1887
  2. O'Laughlin v. City of DubuqueSupreme Court of Iowa · 1876

3Cited by5 opinions

  1. Hall v. Incorporated TownSupreme Court of Iowa · 1896
  2. Goodrich v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1897
  3. Powell v. AlitzSupreme Court of Iowa · 1921
  4. Youngblood v. City of Mason CitySupreme Court of Iowa · 1914
  5. Corbin v. City of DubuqueSupreme Court of Iowa · 1929

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