Evans v. City of Iowa
Supreme Court of Iowa
Appeal from Johnson District Court.— Hon. M. J. Wade, Judge. Action to recover damages for a personal injury, caused, as alleged, by a defective sidewalk. There was trial to a jury, and verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtBishop, J.
1. Defective construction: notice. On behalf of appellant it is insisted that a case of actionable negligence is not shown by the record. In the petition a defective condition of the sidewalk in question is alleged, and it is said that such arose ...» . ..." primarily from improper original construction; also from a failure to keep in repair. It is also said that the state of disrepair alleged had existed for such a length of time that, in any event, constructive notice had been imparted to the city. The jury found not only that the defective condition existed as alleged, but that the city…
2Cases cited13 opinions
- Parkhill v. Town of BrightonSupreme Court of Iowa · 1883
- Cook v. City of AnamosaSupreme Court of Iowa · 1885
- Barnes v. Town of MarcusSupreme Court of Iowa · 1896
- Nichols v. Incorporated Town of LaurensSupreme Court of Iowa · 1895
- McGinty v. City of KeokukSupreme Court of Iowa · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Beach v. City of Des MoinesSupreme Court of Iowa · 1947
- Earl v. City of Cedar RapidsSupreme Court of Iowa · 1905
- Whitlatch v. City of Iowa FallsSupreme Court of Iowa · 1924
- Clark v. City of Cedar RapidsSupreme Court of Iowa · 1906
- Farrell v. City of DubuqueSupreme Court of Iowa · 1906
5 more not listed; retrieve them via the Exa API.