Talty v. City of Atlantic
Supreme Court of Iowa
Appeal from Cass District Cowrt. — Hon. N. W. Maoy, Judge. This is an action to recover damages for the death of William D. Talty, the minor son of' the plaintiff. The death of the deceased was caused by the caving of a bank of sand at or near the north line of Fourth street, in the city of Atlantic.
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Appeal from Cass District Cowrt. — Hon. N. W. Maoy, Judge. This is an action to recover damages for the death of William D. Talty, the minor son of' the plaintiff. The death of the deceased was caused by the caving of a bank of sand at or near the north line of Fourth street, in the city of Atlantic. It is claimed that the city was negligent in not guarding the approach to the excavation so as to protect children from the temptation offered by the sandpit to expose themselves to danger by digging therein, and that by reason of such negligence the deceased went from the street to the sandpit,…
1Opinion of the CourtRothrock, J.
I. It appears from the evidence in the case that bn the twenty-seventh day of November, 1890, William D. Talty and his brother, and F. J. Hawley, -and Robt. Jensen, who were all small boys from seven to nine or ten years of age, went to a sandpit in the outskirts of the city of Atlantic, with shovels and a small cart, and dug sand in a-bank in the pit, and carted some of it to the home of the Talty boys, near by, and put it in a chicken coop. They were at this play in the forenoon, and returned and *137resumed the digging in the afternoon. While engaged in shoveling the sand, the bank in which…
2Cases cited6 opinions
- Railroad Company v. HanningSupreme Court of the United States · 1873
- Gavin v. City of ChicagoIllinois Supreme Court · 1880
- Keyes v. Village of MarcellusMichigan Supreme Court · 1883
- Malloy v. Commonwealth ex rel. ReinhardSupreme Court of Pennsylvania · 1887
- Murphy v. . City of BrooklynNew York Court of Appeals · 1885
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3Cited by16 opinions
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- Ritz v. City of WheelingWest Virginia Supreme Court · 1898
- Baxter v. ParkSouth Dakota Supreme Court · 1921
- Clark v. Iowa Central Railway Co.Supreme Court of Iowa · 1913
- Rawle v. McIlhennySupreme Court of Virginia · 1934
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