Hoyt v. City of Des Moines
Supreme Court of Iowa
Appeal from, Polk District Court. — Hon. Marohs Kayanagh, Judge. Action to recover for injuries sustained by plaintiff from a fall while she was walking upon a sidewalk of the city. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
1. „ I GT'PTFfi onn waík: eviconato* °f — I. The plaintiff, while walking upon one of the sidewalks in the city of Des Moines, fell.
She seeks to recover in this action the 0 damages she sustained from the fall. A witness who testified that he had no knowldeuce: edge of the condition of the sidewalk at the time of the accident was permitted to *431testify as to its condition afterwards. In the absence of any evidence tending to show that the condition of the walk was the same at the time of the accident as it was when the witness examined it, this evidence ought not to have been admitted. It is…
2Cases cited1 opinion
- Verry v. B., C. R. & M. R.Supreme Court of Iowa · 1877
3Cited by6 opinions
- St. Louis & S. F. R. Co. v. HartSupreme Court of Oklahoma · 1914
- Smith v. City of Des MoinesSupreme Court of Iowa · 1892
- Edwards v. City of Cedar RapidsSupreme Court of Iowa · 1908
- Hunger v. City of WaterlooSupreme Court of Iowa · 1891
- Jessup v. Osceola CountySupreme Court of Iowa · 1894
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