Day v. City of Mt. Pleasant
Supreme Court of Iowa
Appeal from Henry District Court. Notion to recover damages for personal injuries sustained by plaintiff from falling into a cellar-way constructed in the sidewalk of one of the principal business streets of defendant. The cause was tried to a jury, and a judgment upon a verdict for plaintiff was had. Defendant appeals.
1Opinion of the Court
Beck, J-:
I. The petition for a cause of action alleges that defendant negligently permitted the owner of a business i. cities and ways on side-sons^fáiimg therein: neg-question for jwy. building used for a store to construct a way to a cellar under the building, which occupied a part of the sidewalk, and had “ no railing or . 0 §uar“ or protection” to prevent persons from falling therein, except wooden doors, which were *194sometimes open, and at other times closed, of which plaintiff had no knowledge; and that plaintiff, while walking upon the sidewalk, in the exercise of care, fell into the…
2Cited by9 opinions
- Perry v. CastnerSupreme Court of Iowa · 1904
- Davis v. Town of BonaparteSupreme Court of Iowa · 1908
- Trumble v. HappySupreme Court of Iowa · 1901
- S. H. Kress & Co. v. City of MiamiSupreme Court of Florida · 1919
- Evans v. City of Council BluffsSupreme Court of Iowa · 1919
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