Tuffree v. Incorporated Town
Supreme Court of Iowa
Appeal from Marshall District Court. Action to recover for a personal injury. The plaintiff avers that the defendant negligently suffered one of its streets to become obstructed, and that she was thrown from a buggy by reason of the obstruction and received an injury. The defendant denies all negligence upon its part, and avers that the plaintiff’s inj ury, if she received any, was the result of her own negligence.
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Appeal from Marshall District Court. Action to recover for a personal injury. The plaintiff avers that the defendant negligently suffered one of its streets to become obstructed, and that she was thrown from a buggy by reason of the obstruction and received an injury. The defendant denies all negligence upon its part, and avers that the plaintiff’s inj ury, if she received any, was the result of her own negligence. There was a trial by jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the Court
Adams, Ch. J.
i. damages: ries>:°coutributory negligenee. Evidence was introduced tending to show that the plaintiff was riding in a buggy, with another lady, upon one of the streets of State Center; that while so riding she paused at the house of a friend, having driven near the gate m front of the house; that a few feet in front of the horse where she stopped a child’s rope swing was suspended from the limb of a tree; that the plaintiff after starting to resume her journey drove against the swing; that it caught upon a projecting knuckle of the buggy top, and caused the buggy to be tilted,…
2Cases cited1 opinion
- Greenleaf v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1871
3Cited by8 opinions
- City of Tulsa v. HarmanSupreme Court of Oklahoma · 1931
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Bender v. Incorporated Town of MindenSupreme Court of Iowa · 1904
- Barce v. City of ShenandoahSupreme Court of Iowa · 1898
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