Legal Opinion

Earl v. City of Cedar Rapids

Supreme Court of Iowa

Decided January 13, 1905PublishedCited by 15 opinions

Appeal from Cedar Rapids Superior Court.— Hon. J. H. Rothrook, Judge. Action at law to recover damages for injuries received by plaintiff in falling into a cellarway in or near one of the streets of tbe defendant city. Tbe defendants, other tban tbe city, are tbe owners and occupants of abutting property, wbo constructed and maintained tbe alleged defect. Trial to a jury; verdict and judgment for plaintiff against all tbe defendants; defendants appeal.—

1Opinion of the Court

Deemer, J.—

?iDBWAuf-ertyyowne?rop"°f dence.‘ty; CT1' Abutting on wbat is known as Sixteenth avenue west, in tbe defendant city, is a building known as No. 13, owned, occupied, and used by tbe defendants, other than the city, as and for a saloon. Tbe front of the building was about two feet from tbe street line, but tbe space, except as we shall hereafter notice, was covered with brick, as was tbe sidewalk in tbe street, and there was nothing to mark tbe exact place of tbe lot line. Immediately in front of tbe door to tbe saloon, which was in tbe center of tbe building, was a cement step or…

2Cases cited14 opinions

  1. Grove v. City of KansasSupreme Court of Missouri · 1882
  2. City of Peoria v. SimpsonIllinois Supreme Court · 1884
  3. Mathews v. City of Cedar RapidsSupreme Court of Iowa · 1890
  4. Barnes v. Town of MarcusSupreme Court of Iowa · 1896
  5. Smith v. City of LeavenworthSupreme Court of Kansas · 1875

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3Cited by15 opinions

  1. Erickson v. WiperNorth Dakota Supreme Court · 1916
  2. Durst v. WarehamSupreme Court of Kansas · 1931
  3. Sloan v. American PressSupreme Court of Missouri · 1931
  4. Nicholson v. City of Des MoinesSupreme Court of Iowa · 1953
  5. Bashford v. Rosenbaum Hardware Co.Supreme Court of Virginia · 1916

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