Rusch v. City of Davenport
Supreme Court of Iowa
Appeal from the Scott District Court. This action was brought to recover damages for an injury to the plaintiff and his wife, caused by a defect in a bridge -over a culvert in one of the streets in the city of Davenport.
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Appeal from the Scott District Court. This action was brought to recover damages for an injury to the plaintiff and his wife, caused by a defect in a bridge -over a culvert in one of the streets in the city of Davenport. The petition alleges that the defendant is a corporation; that by the act of incorporation, the said city is constituted a road district; that within said city is a street or public highway, called Harrison. street, and another street or public highway, crossing the same, called Third street; that the plaintiff and his wife, on or about the 6th day of August, 1855, were…
1Opinion of the CourtStockton, J.
— The first question suggested, is whether the suit should not have been against the road district as defendant, instead of the city of Davenport.
The act of January 22, 1853, provides, that “ every road district shall be responsible for all damages sustained by any person, in consequence of defects in the roads and *450bridges in said district.” Section 17. Although road districts are thus made liable for damages resulting from the defective condition of their roads and bridges, yet, as they have not been made corporate bodies, as counties and school districts have been, and as no express…
2Cited by34 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Goetzman v. WichernSupreme Court of Iowa · 1982
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Soper v. Henry CountySupreme Court of Iowa · 1868
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