Travers v. City of Emmetsburg
Supreme Court of Iowa
Appeal from Palo Alto District Court. — N. J. Lee, Judge. Action at law to recover damages for personal injury. The petition alleges that the defendant city negligently permitted one of its sidewalks to become obstructed by accumulations of snow and ice, and that plaintiff, while using said walk, and in the exercise of due care for her own safety, slipped and fell thereon, receiving severe and painful injuries.
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Appeal from Palo Alto District Court. — N. J. Lee, Judge. Action at law to recover damages for personal injury. The petition alleges that the defendant city negligently permitted one of its sidewalks to become obstructed by accumulations of snow and ice, and that plaintiff, while using said walk, and in the exercise of due care for her own safety, slipped and fell thereon, receiving severe and painful injuries. The defendant denies the averments of the petition, and alleges that the plaintiff’s injury, if any, was the result of her own failure to exercise due care for her safety. Verdict and…
1Opinion of the Court
Weaver, J., . m erkob: belated petition. — I. The sufficiency of the petition was not challenged by motion or demurrer in the trial court, and we shall take no time in discussing objections thereto raised for the first time in this court. It is enough to say that the pleading fairly states a cause of action, under the rule recognized m Templin v. Incorporated City of Boone, 127 Iowa 91; Crandall v. City of Dubuque, 136 Iowa 663; and many other precedents of like effect.
2 mtwioipaií ooepobatiohs ; evidence in re street. II: Of other assignments of error, the one most seriously urged upon our…
2Cases cited11 opinions
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- City of Indianapolis v. GastonIndiana Supreme Court · 1877
- Rice v. City of Des MoinesSupreme Court of Iowa · 1875
- Kendall v. City of AlbiaSupreme Court of Iowa · 1887
- Nichols v. Incorporated Town of LaurensSupreme Court of Iowa · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Murphy v. Iowa Electric Co.Supreme Court of Iowa · 1928
- Beach v. City of Des MoinesSupreme Court of Iowa · 1947
- Cawley v. Peoples Gas & Electric Co.Supreme Court of Iowa · 1922
- Parks v. City of Des MoinesSupreme Court of Iowa · 1923
- Geagley v. City of BedfordSupreme Court of Iowa · 1944
4 more not listed; retrieve them via the Exa API.