Legal Opinion

Bixby v. City of Sioux City

Supreme Court of Iowa

Decided October 20, 1917PublishedCited by 16 opinions

Appeal from Woodbury District Gottrl. — J. W. Anderson, Judge. Action at law to recover damages for the death of the plaintiff’s intestate. After trial to a jury and verdict for plaintiff, the court sustained the defendant’s motion to set aside the verdict, and entered judgment for the defendant, notwithstanding the finding of the jury.

1Opinion of the CourtWeaver, J.

1. Limitation of actions: defective streets: fatal injuries. South Division Street, in West Morning-side Addition to Sioux City, extends north and south. Its northern terminus is another street, extending east and west along the brow of a precipitous hill. At the time of the accident complained of, a fence or barrier of some sort had been erected on the brow of the hill, at the place where South Division Street turns upon the east and west street. On the night of September 24, 1914, the deceased, Elwood R. Bixby, áccompanied by others, was driving an automobile’ north on South Division…

2Cases cited14 opinions

  1. Wheeler v. Town of WestportWisconsin Supreme Court · 1872
  2. McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
  3. Kellow v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
  4. Conners v. Burlington C. R. & N. R'y Co.Supreme Court of Iowa · 1887
  5. Ireland v. . Oswego, Hannibal and Sterling Plank Road Co.New York Court of Appeals · 1856

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3Cited by16 opinions

  1. Anderson v. LintonCourt of Appeals for the Seventh Circuit · 1949
  2. American Insurance v. NaylorSupreme Court of Colorado · 1939
  3. Nicholson v. City of Des MoinesSupreme Court of Iowa · 1953
  4. Whitlatch v. City of Iowa FallsSupreme Court of Iowa · 1924
  5. In Re Estate of RobinsonSupreme Court of Iowa · 1942

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