Carter v. Town of Monticello
Supreme Court of Iowa
Appeal from Jones ''Circuit Court. The defendant is an incorporated town, and is charged with the duty of keeping the streets and highways within its boundaries in proper repair. Plaintiff, while walking on a sidewalk in one of the streets of said town, fell and sustained a severe personal injury. lie brought this action to recover damages for such injury, alleging that the same was caused by the negligence of defendant in failing to keep said walk in proper repair.
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Appeal from Jones ''Circuit Court. The defendant is an incorporated town, and is charged with the duty of keeping the streets and highways within its boundaries in proper repair. Plaintiff, while walking on a sidewalk in one of the streets of said town, fell and sustained a severe personal injury. lie brought this action to recover damages for such injury, alleging that the same was caused by the negligence of defendant in failing to keep said walk in proper repair. There. was a verdict and judgment for defendant. Plaintiff appeals.
1Opinion of the CourtReed, J.
The only question made in the argument by appellant’s counsel is as to the correctness of the following instruction which was given to the jury by the circuit court:
' “Actual notice to one of the members of the town council of defendant is notice to defendant; but same must be as to the defect or danger which caused the injury to plaintiff, and not another defect or danger, although at the same place. And should you find from the evidence that one of such council had knowledge of a defect or clanger in the sidewalk where plaintiff was injured, and that such defect was repaired before the…
2Cited by7 opinions
- Dundas v. City of LansingMichigan Supreme Court · 1889
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Owen v. City of Fort DodgeSupreme Court of Iowa · 1896
- Nothdurft v. City of LincolnNebraska Supreme Court · 1902
- Gallagher v. City of St. PaulU.S. Circuit Court for the District of Minnesota · 1886
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