Legal Opinion

Cook v. Incorporated Town of Hedrick

Supreme Court of Iowa

Decided June 7, 1907PublishedCited by 11 opinions

Appeal from Keolcuh District Court.— Hon. John T. Scott, Judge. Action to recover damages for personal injuries received by plaintiff while passing over a sidewalk in defendant town. The trial court directed a verdict for defendant on the ground that plaintiff was guilty of such contributory negligence as barred him of recovery. Plaintiff appeals.

1Opinion of the CourtDeemer, J.

That defendant was negligent in leaving a hole in one of its sidewalks is practically conceded, and, as the verdict was directed because of plaintiff’s negligence, we quote from the record the substance of the testimony bearing upon this proposition. The accident occurred about half past six o’clock in the evening of December 3, 1904, and plaintiff testified as follows:

I had had my supper. At that time the members constituting my family was myself and my wife. As I was walking along going up town, I stepped on a loose board, and went through; went down into the walk. I had started to go to…

2Cases cited7 opinions

  1. Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
  2. Sachra v. Town of ManillaSupreme Court of Iowa · 1903
  3. Sylvester v. Incorporated Town of CaseySupreme Court of Iowa · 1900
  4. Barnes v. Town of MarcusSupreme Court of Iowa · 1896
  5. Van Camp v. City of KeokukSupreme Court of Iowa · 1906

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

3Cited by11 opinions

  1. Beach v. City of Des MoinesSupreme Court of Iowa · 1947
  2. Gibson v. City of DenisonSupreme Court of Iowa · 1911
  3. Reynolds v. City of CentervilleSupreme Court of Iowa · 1911
  4. Tollackson v. City of Eagle GroveSupreme Court of Iowa · 1927
  5. Dempsey v. City of DubuqueSupreme Court of Iowa · 1911

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

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