Legal Opinion

Langhammer v. City of Manchester

Supreme Court of Iowa

Decided October 17, 1896PublishedCited by 37 opinions

Appeal from Delaware District Court. — Hon. A. S. Blair, Judge. This is an action brought by the plaintiff to recover damages resulting from an injury to her person, caused by a fall, as she alleges, upon a stone step leading from the sidewalk on Franklin street to the walk crossing said street in the defendant city.

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Appeal from Delaware District Court. — Hon. A. S. Blair, Judge. This is an action brought by the plaintiff to recover damages resulting from an injury to her person, caused by a fall, as she alleges, upon a stone step leading from the sidewalk on Franklin street to the walk crossing said street in the defendant city. The negligence charged is, First, in permitting snow and ice to accumulate upon said step, and to remain there in an uneven, rounded, slippery, and dangerous condition; and, Second, that the walk was improperly constructed, in that it inclined towards the west at said point, so…

1Opinion of the CourtKinne, J.

*2971 *296I. This record contains one hundred and seventy-two assignments of error, of which about fifty are argued. It cannot be expected that we shall *297separately consider every error argued. In response to a question as to how carefully he had observed the step, a witness answered: “I observed in particular that this step was secure." A motion was made to strike this answer, because it was a conclusion of the witness. There was no ruling on this motion, and none appears to have been insisted upon by counsel; hence the error, if any, in admitting the evidence was waived. Gable v. Hainer, 83 Iowa, 459…

2Cases cited19 opinions

  1. Ring v. . City of CohoesNew York Court of Appeals · 1879
  2. Taylor v. . City of YonkersNew York Court of Appeals · 1887
  3. Yahn v. City of OttumwaSupreme Court of Iowa · 1883
  4. Meeker v. MeekerSupreme Court of Iowa · 1888
  5. Hudson v. C., & N. W. R. R.Supreme Court of Iowa · 1882

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3Cited by37 opinions

  1. Gould v. SchermerSupreme Court of Iowa · 1897
  2. Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
  3. Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
  4. Walrod v. Webster CountySupreme Court of Iowa · 1900
  5. Parmenter v. City of MarionSupreme Court of Iowa · 1901

32 more not listed; retrieve them via the Exa API.

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