Legal Opinion
Montgomery v. City of Des Moines
Supreme Court of Iowa
Decided December 10, 1880PublishedCited by 4 opinions
Appeal from Warren Circuit Cou7‘t. This action was commenced in the Polk Circuit Court to recover for injuries claimed to have been sustained through a defective sidewalk on a street of the defendant. The venue was changed to the Warren Circuit Court. The cause was tried to a jury and a verdict was returned for the plaintiff for $5,500. The motion for a new trial was overruled and judgment was entered upon the verdict. The defendant appeals.
1Opinion of the CourtDay, J.
— I. The court instructed the jury as follows:
“ 1. It is the duty of the city of Des Moines to heej> such streets as are constructed in the same, for the convenience of passers and foot travelers, open and in repair,'and free from nuisance; and if the evidence satisfies the jury that the sidewalk, as alleged in the petition of plaintiff, was out of repair or improperly constructed, and in such condition as to render passers over the same liable to fall or otherwise get injured, and that in consequence thereof the plaintiff in passing over the same was injured, without negligence or fardt on…
2Cases cited2 opinions
- Rice v. City of Des MoinesSupreme Court of Iowa · 1875
- Olson v. MartinSupreme Court of Iowa · 1874
3Cited by4 opinions
- Hunt v. City of DubuqueSupreme Court of Iowa · 1895
- Howard v. City of WaterlooSupreme Court of Iowa · 1928
- Weber v. City of CrestonSupreme Court of Iowa · 1888
- Howard v. City of WaterlooSupreme Court of Iowa · 1928