Gribble v. City of Sioux City
Supreme Court of Iowa
Appeal from, Woodhv/ry Ci/rcuit Cowt. This is an action against the city of Sionx City, to recover damages for an injury to plaintiff’s mare resulting from her falling into an excavation in one of the streets of the city, negligently left open and unguarded. The answer denies the negligence alleged, denies making or causing the éxcavation, denies the alleged injury, etc., and alleges that the injury complained of, resulted from the plaintiff’s own carelessness, etc.
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Appeal from, Woodhv/ry Ci/rcuit Cowt. This is an action against the city of Sionx City, to recover damages for an injury to plaintiff’s mare resulting from her falling into an excavation in one of the streets of the city, negligently left open and unguarded. The answer denies the negligence alleged, denies making or causing the éxcavation, denies the alleged injury, etc., and alleges that the injury complained of, resulted from the plaintiff’s own carelessness, etc. Trial and judgment ior plaintiff. Defendant appeals.
1Opinion of the Court
Milder, Ch. J.
i. negligence: contributory. — The evidence establishes the fact that the injury complained of, oecured in the night time at a point on one streets (Fifth) of the city, where the same had never been used as a public highway, never having been traveled or worked upon so as to ñt it for travel. It also appears by the evidence that there was an excavation made in this street at the place of the accident by different persons, of whom the city supervisor was one. There is no evidence that the city council ever ordered or permitted the excavation to he made or had any direct knowledge…
2Cited by5 opinions
- Walker v. Town of ReidsvilleSupreme Court of North Carolina · 1887
- Barce v. City of ShenandoahSupreme Court of Iowa · 1898
- Ovens v. City of CharlotteSupreme Court of North Carolina · 1912
- Young v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1896
- Kuhn v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876