Legal Opinion

McCullom v. Black Hawk County

Supreme Court of Iowa

Decided December 11, 1866PublishedCited by 13 opinions

Appeal from Black Hawk District Court. UnSAEE BRIDGES WITHIN CITY LIMITS : WTO LIABLE.Action against the county of Black Hawk for the value of a team of horses drowned, and damages to wagon and harness, caused as alleged, by “ the insufficiency of a bridge over a stream known as Dry Run, situate on the public highway between Waterloo and Cedar Ralls in said county, which bridge, by reason of its insufficiency, fell while plaintiff’s team was passing over, precipitating the…

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Appeal from Black Hawk District Court. UnSAEE BRIDGES WITHIN CITY LIMITS : WTO LIABLE.Action against the county of Black Hawk for the value of a team of horses drowned, and damages to wagon and harness, caused as alleged, by “ the insufficiency of a bridge over a stream known as Dry Run, situate on the public highway between Waterloo and Cedar Ralls in said county, which bridge, by reason of its insufficiency, fell while plaintiff’s team was passing over, precipitating the same into the stream,” &c. Answer:' First, in denial; second, that plaintiff’s injury was caused by his own neglect;…

1Opinion of the CourtDillon, J.

i. bkibges-. cities.1 n The cause has been stated with considerable fullness, to the end that the exact state of the record might be seen and the legal question presented (which is one of no ordinary interest), precisely apprehended.

The question is, in this State, a new one, and is not touched by the. cases of Bell v. Foutch and Barrett v. Snooks, ante.

Those cases decided this point, viz.: that it was within the power of a county, if it saw fit to do so, to aid in the' erection of a free bridge upon a public line of travel over a large stream of water dividing the county, though such bridge…

2Cases cited6 opinions

  1. Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
  2. State v. JonesTexas Supreme Court · 1857
  3. Browning v. City of SpringfieldIllinois Supreme Court · 1855
  4. Town of Ottawa v. WalkerIllinois Supreme Court · 1859
  5. Blackstone v. The Alemannia Fire InsuranceNew York Court of Appeals · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Soper v. Henry CountySupreme Court of Iowa · 1868
  2. Riest v. City of GoshenIndiana Supreme Court · 1873
  3. Florey v. City of BurlingtonSupreme Court of Iowa · 1955
  4. Huddleston v. City of EugeneOregon Supreme Court · 1899
  5. Lee v. City of McCookNebraska Supreme Court · 1908

8 more not listed; retrieve them via the Exa API.

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