Legal Opinion

Troxel v. City of Vinton

Supreme Court of Iowa

Decided January 31, 1889PublishedCited by 5 opinions

Appeal from Benton District Court. — Hon. L. Gf. Kinne, Judge. In June, 1886, Mrs. Sarah Troxel, the wife of the plaintiff, was injured while passing over a sidewalk in the defendant city, and this action was brought by the husband to recover damages. There wms a trial to a jury, a verdict and judgment for the plaintiff, and the defendant appeals.

1Opinion of the CourtGranger, J.

No errors are assigned as to the instructions of the court, and the questions for consideration are entirely with reference to the testimony.

i. verdict: .ocmdence. I. Appellant first insists that the verdict is not supported by a fair preponderance of testimony. The testimony in the case is brief, and we have carefully examined it. It is true that while *92three witnesses, including the plaintiff and his wife, testify to the bad condition of the walk, there are five who testify that they frequently passed over it, and noticed nothing wrong. That the walk was, on the eighth of June, when the…

2Cases cited3 opinions

  1. Kendall v. City of AlbiaSupreme Court of Iowa · 1887
  2. McLaury v. City of McGregorSupreme Court of Iowa · 1880
  3. Hartman v. City of MuscatineSupreme Court of Iowa · 1886

3Cited by5 opinions

  1. Lange v. BedellSupreme Court of Iowa · 1927
  2. Lichtenberger v. Incorporated Town of MeridenSupreme Court of Iowa · 1894
  3. Commercial Credit Co. v. HazelSupreme Court of Iowa · 1932
  4. Porter v. TenantSupreme Court of Iowa · 1924
  5. Hoffman v. City of Sioux CitySupreme Court of Iowa · 1940

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