Homan v. Franklin County
Supreme Court of Iowa
Appeal from Wright District Court. — Hon D. R. Hind-man, Judge. Action to recover fifteen thousand dollars damages for personal injuries alleged to have been sustained by reason of negligence on the part of defendant’s officers in the construction of one of the highway bridges, and in keeping the same open to public travel when in a dangerous and defective condition.
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Appeal from Wright District Court. — Hon D. R. Hind-man, Judge. Action to recover fifteen thousand dollars damages for personal injuries alleged to have been sustained by reason of negligence on the part of defendant’s officers in the construction of one of the highway bridges, and in keeping the same open to public travel when in a dangerous and defective condition. Defendant answered, denying generally, and alleging that whatever injuries plaintiff sustained, were caused by his own negligence. A verdict was returned in favor of the plaintiff for two thousand five hundred dollars, and…
1Opinion of the CourtGiven, J.
1 *6962 3 *6974 *694I. We first consider the errors assigned and discussed on defendant’s appeal. The injuries complained of were caused by the breaking down of one of the defendants highway bridges when plaintiff was driving over it, because, as is alleged, of defective construction and want of repairs. On a former appeal by the defendant, the judgment was reversed. See 90 Iowa, 185 (57 N. W. Rep. 703). It is alleged in the petition that, .because of the failure of the defendant to make repairs, the bridge “became decayed, shaky, out of repair, timbers rotten and *695displaced, so that it was obviously…
2Cases cited3 opinions
- Owen v. City of Fort DodgeSupreme Court of Iowa · 1896
- Marsh v. Benton CountySupreme Court of Iowa · 1888
- Homan v. Franklin CountySupreme Court of Iowa · 1894
3Cited by6 opinions
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
- Tackman v. Brotherhood of American YeomanSupreme Court of Iowa · 1906
- Spires v. StateSupreme Court of Florida · 1905
- Kimball Bros. v. Citizens Gas & Electric Co.Supreme Court of Iowa · 1908
- Little v. Pottawattamie CountySupreme Court of Iowa · 1904
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