Blain v. Incorporated Town of Montezuma
Supreme Court of Iowa
Appeal from Poweshiek District Court. — Hon. B. W. Preston, Judge. Action to recover damages on account of injuries to plaintiff’s horse, resulting from an accidental collision while being driven in the nighttime along the street of the defendant town. The alleged negligence of defendant consisted in failure to properly light the. street. A demurrer to plaintiff’s petition was sustained and judgment rendered for defendant, from which plaintiff appeals.
1Opinion of the CourtMcClain, J.
While plaintiff, was driving a horse along a street of the defendant town, one Sterns, who, as alleged, was driving a horse and vehicle in a careless and reckless manner along said street in the opposite direction and upon the wrong side of the street, ran the shafts of his vehicle into the plaintiff’s horse, causing the damage complained of. The alleged negligence of the defendant town contributing to the injury consisted in the fact that, although the town had undertaken to light said street and to secure safety to travelers thereon, it failed in its duty to reasonably light the same; such…
2Cases cited5 opinions
- City of Freeport v. IsbellIllinois Supreme Court · 1876
- Canavan v. City of Oil CitySupreme Court of Pennsylvania · 1898
- City of Vincennes v. SpeesIndiana Court of Appeals · 1905
- City of Vincennes v. ThuisIndiana Court of Appeals · 1902
- Lyon v. City of CambridgeMassachusetts Supreme Judicial Court · 1884
3Cited by3 opinions
- Greenland v. City of Des MoinesSupreme Court of Iowa · 1928
- Coffey v. City of BerkeleyCalifornia Supreme Court · 1915
- City of Birmingham v. GravesSupreme Court of Alabama · 1917