Cressy v. Town of Postville
Supreme Court of Iowa
Appeal from Alamalcee District Oourt. Action to recover.for personal injuries sustained from a fall upon a sidewalk along a street of tbe town. Tlie petition is in the following language: “The defendant is an incorporated town in Allamakee county, Iowa.
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Appeal from Alamalcee District Oourt. Action to recover.for personal injuries sustained from a fall upon a sidewalk along a street of tbe town. Tlie petition is in the following language: “The defendant is an incorporated town in Allamakee county, Iowa. That long prior to the 23d day of February, 1879, there was constructed along the south side of Tilden street, within said town, a sidewalk, the same being placed one foot from the fence, on the south line of said street, leaving a space of one foot between the fence and the sidewalk and about eight inches to fourteen inches deep, and…
1Opinion of the CourtBeck, J.
I. The District Court at the trial of the case gave the jury an instruction in the following language:
“5. If the defendant suffered snow to accumulate on its sidewalk and to become packed in ridges and so to remain an unreasonable time and become ice, and the sidewalk thereby became dangerous to pedestrians, and if this condition of the sidewalk was actually known to the town authorities, or if it had existed so long that it should have been known, and may reasonably be presumed to have been known to the authorities; or if such condition had become publicly notorious, and had existed after…
2Cited by3 opinions
- Bender v. Incorporated Town of MindenSupreme Court of Iowa · 1904
- Davis v. City of DubuqueSupreme Court of Iowa · 1930
- Buchholtz v. Incorporated of RadcliffeSupreme Court of Iowa · 1905