Bussell v. City of Fort Dodge
Supreme Court of Iowa
Appeal from Webster District Court.— HoN. G. W. Dyer, Judge. Action at law to recover damages for a personal injury. Tbe action as commenced by plaintiff was against the de fendant city alone, and in-the petition it was charged that the accident through which, plaintiff received the injuries of which he complained, was occasioned by his falling in the nighttime into an excavation or pitfall dug and negligently allowed to remain unprotected in a public street of said city.
Read the full summary
Appeal from Webster District Court.— HoN. G. W. Dyer, Judge. Action at law to recover damages for a personal injury. Tbe action as commenced by plaintiff was against the de fendant city alone, and in-the petition it was charged that the accident through which, plaintiff received the injuries of which he complained, was occasioned by his falling in the nighttime into an excavation or pitfall dug and negligently allowed to remain unprotected in a public street of said city. The city answered by a general denial. With its answer it filed in the case a notice to Frank Oorey, which it had…
1Opinion of the Court
Bishop, J.—
First as to the questions involved in the appeal by. the defendant city:
i. defective s™IfT!iijSry; negligence. I. Counsel for appellant do not deny in argument but that a case of actionable negligence on the part of the city was fully made out. The contention is that the record fails to show that, at the time of his accident, plaintiff was in the exercise of 'ordinary care, and -was therefore free from contributory negligence. The excavation into which plaintiff fell was in the line of the sidewalk, and had been made by defendant Corey in connection with the erection of a building…
2Cases cited6 opinions
- Jaffray & Co. v. ThompsonSupreme Court of Iowa · 1884
- McLeod v. BertschyWisconsin Supreme Court · 1872
- Andrew v. ConcannonSupreme Court of Iowa · 1888
- Walker v. PumphreySupreme Court of Iowa · 1891
- Miller v. SharpeCalifornia Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Tollackson v. City of Eagle GroveSupreme Court of Iowa · 1927
- Fairmont Creamery Co. v. DargerSupreme Court of Iowa · 1916
- Eggert v. Interstate Investment & Development Co.Supreme Court of Iowa · 1910
- Greenlee v. City of Belle PlaineSupreme Court of Iowa · 1927
- Benson v. Charles Weitz' SonsSupreme Court of Iowa · 1929