Harvey v. City of Clarinda
Supreme Court of Iowa
'Appeal from Page District Court. — Hon. A. B. Thornell, Judge. Action at law to recover damages for injuries received by plaintiff while driving along one of the streets in defendant city. The defendant demurred to the petition, and its demurrer being overruled, it filed an answer denying the allegations of the petition. The case.was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, J.
*5301 *529Defendant is,a city of the second class. While driving along one of the streets of that city, plaintiff was thrown from the vehicle in which she was riding, and received the injuries of which she complains. The accident occurred August 24, 1898, and plaintiff commenced her action November 19, 1898. The- demurrer was on the ground that the action was barred because no written verified statement of the claim was presented to the city council within thirty days after the plaintiff received her injury, as required by section 1051 of the Code. That section requires a written verified statement of…
2Cases cited8 opinions
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- Duncombe v. PowersSupreme Court of Iowa · 1888
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