Ball v. Town of Woodbine
Supreme Court of Iowa
Appeal from Harrison District Court. It is averred in the petition that on the fourth day of July, 1880, the plaintiff was in the incorporated town of Woodbine, and while there, and without any negligence on her part, she was struck in the face and greatly injured by a fire-rocket, or some instrument appertaining to fire-works.
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Appeal from Harrison District Court. It is averred in the petition that on the fourth day of July, 1880, the plaintiff was in the incorporated town of Woodbine, and while there, and without any negligence on her part, she was struck in the face and greatly injured by a fire-rocket, or some instrument appertaining to fire-works. That said rocket was fired or caused to be fired by O. C. Cole, O. F. Brainard and others, who jointly caused the fire-works aforesaid to be placed upon the streets, squares and highways, Avitliin the said town of Woodbine, in direct violation of an ordinance of the…
1Opinion of the CourtRoturock, J.
There were two grounds of demurrer. The first was that the petition did not show facts showing a joint liability against the town of Woodbine and the other defendants. The second ground was, in substance, that the alleged acts of the officers of the town or the town itself, in aiding and assisting in the exploding of fire-works, were beyond the jurisdiction of the officers of the town, in the exercise of their duties as town officers, and beyond the jurisdiction of the town itself, and that the facts alleged show merely a violation of one of the town ordinances.
The court sustained the…
2Cases cited3 opinions
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Calwell v. City of BooneSupreme Court of Iowa · 1879
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
3Cited by17 opinions
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Marth v. City of KingfisherSupreme Court of Oklahoma · 1908
- Harris v. City of Des MoinesSupreme Court of Iowa · 1926
- City of Caldwell v. PrunelleSupreme Court of Kansas · 1896
- O'Rourke v. City of Sioux FallsSouth Dakota Supreme Court · 1893
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