Legal Opinion

Dickens v. City of Des Moines

Supreme Court of Iowa

Decided March 12, 1888PublishedCited by 4 opinions

Appeal from Polk District Court. — lion. M. Kavanagit, Jit., Judge. This is an action to recover damages for a personal injury which, the plaintiff avers she received by a fall upon a sidewalk in the defendant city. There was a trial by jury, which resulted, in a verdict and judgment for plaintiff for one thousand dollars. Defendant appeals.

1Opinion of the CourtEothkook, J.

' denee tokupI. The plaintiff claims that she was inj ured by reason of a board having been removed from a sidewalk, leaving an opening therein, into which she stepped while passing along the walk in the night, and without any negligence on her part. It is conceded that there was an opening, or hole, in the sidewalk, caused by the removal of a board, and the evidence as to whether plaintiff fell at that point is very conflicting. It is also conceded that the plaintiff’s right leg is completely paralyzed, and the evidence is in great conflict whether it was caused by a fall, or whether it was…

2Cited by4 opinions

  1. Bailey v. City of CentervilleSupreme Court of Iowa · 1899
  2. Lewis v. ShiffersDistrict of Columbia Court of Appeals · 1949
  3. Nye v. AdamsonNebraska Supreme Court · 1936
  4. Fleming v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918

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