Starling v. Incorporated Town of Bedford
Supreme Court of Iowa
Appeal from Taylor District Court. — Hon. W. H. Ted-ford, Judge. Action at law to recover damages for a personal injury alleged to have been caused by reason of a defect in one of the streets of the defendant town. There was a demurrer to the petition, which was sustained, and the plaintiff excepted to the ruling, and judgment was rendered for the defendant for costs. Plaintiff appeals.
1Opinion of the CourtRothrock, J.
It is averred in the petition that on the fifteenth day of August, 1892, plaintiff, while walking on a sidewalk on one of the streets of the defendant town, because of the unsafe condition of said sidewalk was tripped by a loose and defective board therein, and was caused thereby to fall and injure herself. There are proper averments charging the defendant - with notice of the defective walk before the accident, and that the injury occurred without fault on the part of the plaintiff. The defendant demurred to the petition *195on the ground that it did not appear therefrom that written notice of…
2Cited by19 opinions
- Walters v. City of OttawaIllinois Supreme Court · 1909
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Halvorson v. City of DecorahSupreme Court of Iowa · 1965
- Caron v. Grays Harbor CountyWashington Supreme Court · 1943
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
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