Legal Opinion
Rice v. City of Des Moines
Supreme Court of Iowa
Decided June 16, 1875PublishedCited by 45 opinions
Appeal from Polk Circuit Cowt. -The plaintiff, after dark, on tbe evening of August 21st, 1872, whilst passing along Sixth street in the City of Des Moines, on his way home, stepped 'down a perpendicular declivity of eighteen inches in the street, and severely injured his left ankle. On account of this injury he claims of the defendant $15,000 dupages. There was a jury trial, and a verdict and judgment for plaintiff for $7,500. Defendant appeals.
1Opinion of the CourtDay, J.
The court gave the following instructions:
“ 1. It is the duty of the City of Des Moines to keep such streets and sidewalks as are constructed in the same for the convenience of passers and foot travelers open and in repair and free from nuisances. And if the evidence satisfies the j ury that the sidewalk, as alleged in the petition of plaintiff, was out of repair or improperly constructed, and in such condition as to render passers over the same liable to fall or otherwise get injured, and that in consequence thereof the plaintiff in passing over the same without negligence or imprudence on…
2Cases cited3 opinions
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Muscatine Western R. R. v. HortonSupreme Court of Iowa · 1873
- Hanlon v. City of KeokukSupreme Court of Iowa · 1859
3Cited by45 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Graham v. WorthingtonSupreme Court of Iowa · 1966
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- City of Goshen v. EnglandIndiana Supreme Court · 1889
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
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