City of Des Moines v. Des Moines Water Co.
Supreme Court of Iowa
Appeal from Pollc District Court. — Charles A. Dudley, Judge. Action at law to recover irom defendant the amount of a judgment recovered against the plaintiff city in favor of one Lulu M. Overstreet, administratrix, on account of. personal injuries sustained by her intestate, Archie P. Overstreet, such injury having been caused by a defect in a public sidewalk.
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Appeal from Pollc District Court. — Charles A. Dudley, Judge. Action at law to recover irom defendant the amount of a judgment recovered against the plaintiff city in favor of one Lulu M. Overstreet, administratrix, on account of. personal injuries sustained by her intestate, Archie P. Overstreet, such injury having been caused by a defect in a public sidewalk. The city, having paid the judgment, demands reimbursement from the water company, on the theory that the defect in the walk was due to the neglect of the water company in the maintenance of a so-called “stop box” and pipe in such…
1Opinion of the Court
Weaver, O. J.
The grounds of the motion for a directed verdict were, in substance, as follows:
*261. Highways : obstructions: standpipes of water company : negligence. (1)That the evidence discloses no negligence. of the water company, contributing in any degree to the injury or death of Overstreet, and does not show that the company was under any obligation to maintain the pipe or “stop box” over which Over-street fell.(2)That the evidence shows conclusively that the condition of the walk referred to was due to the. negligence of the city alone.(3)That, if the company owed any duty with respect to…
2Cases cited5 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- City of Ottumwa v. ParksSupreme Court of Iowa · 1876
- City of Sioux City v. WeareSupreme Court of Iowa · 1882
- Inhabitants of Milford v. HolbrookMassachusetts Supreme Judicial Court · 1864
3Cited by13 opinions
- Rozmajzl v. Northland Greyhound LinesSupreme Court of Iowa · 1951
- Hawkeye-Security Insurance v. Lowe Construction Co.Supreme Court of Iowa · 1959
- Chicago & North Western Railway Co. v. Chicago, Rock Island & Pacific RailroadDistrict Court, N.D. Iowa · 1959
- Mattson v. Central Electric & Gas Co.Court of Appeals for the Eighth Circuit · 1949
- Horrabin v. City of Des MoinesSupreme Court of Iowa · 1924
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