Fountain v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. James P. Hewitt, Judge. Action for damages for personal injuries received in an accident upon one of the streets of tbe defendant, and caused, as alleged, by reason of an obstruction negligently permitted by the defendant. The obstruction consisted of a ditch and an embankment. There was a verdict for the plaintiff, and a judgment entered thereon. The defendant appeals.
1Opinion of the CourtEvans, J.
The appellant presents but one question for our consideration: Was the evidence sufficient to warrant submission to the jury? The contention of appellant is that no negligence was shown on the part of the defendant, and that contributory negligence was conclusively shown as against the plaintiff and her husband, who was driving the vehicle from which the plaintiff was thrown.
1. Municipal cobpobations : defective streets: negligence: evidence. The accident in question occurred at about 8 o’clock on the night of October 22,1910. It occurred upon East Twenty-second street near the north line of…
2Cases cited11 opinions
- McBride v. Des Moines City Railway Co.Supreme Court of Iowa · 1906
- Harvey v. City of ClarindaSupreme Court of Iowa · 1900
- Larkin v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892
- Neeley v. Incorporated Town of MapletonSupreme Court of Iowa · 1908
- Graham v. Town of OxfordSupreme Court of Iowa · 1898
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3Cited by2 opinions
- Beach v. City of Des MoinesSupreme Court of Iowa · 1947
- Frisbee v. Hawkeye Land Co.Supreme Court of Iowa · 1915