Manderschid v. City of Dubuque
Supreme Court of Iowa
Appeal from, Dubuque Circuit Court. Tuesday, June 14. Action to recover damages on account of injuries to a horse of plaintiff, sustained through a defective bridge upon one of the streets in the city of Dubuque. The petition avers that the city, under its charter, has the supervision of highways within its limits, and that about the year 1857, it caused sixth street to be extended, near its intersection with Jackson street, eastward toward the Mississippi river.
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Appeal from, Dubuque Circuit Court. Tuesday, June 14. Action to recover damages on account of injuries to a horse of plaintiff, sustained through a defective bridge upon one of the streets in the city of Dubuque. The petition avers that the city, under its charter, has the supervision of highways within its limits, and that about the year 1857, it caused sixth street to be extended, near its intersection with Jackson street, eastward toward the Mississippi river. That in making such extension the street was filled up to a grade established by the city, and á bridge constructed oyer a slough…
1Opinion of the CourtBeck, J.
—The questions, both of law and fact, arising in this case, relate to the character of the Sixth street extension; whether in contemplation of law it was, at the time of the injury complained of, a highway. It is not denied, that, if it in fact was a highway, defendant is liable in this action, and that the verdict and judgment should be sustained. To these questions alone is our attention directed by the argument of the counsel of the parties, and no others will be considered.
There is no evidence contained in the record tending to show that the street extension in question had been…
2Cases cited22 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Harding & Loftin v. JasperCalifornia Supreme Court · 1860
- Onstott v. MurraySupreme Court of Iowa · 1867
- Curtiss v. HoytSupreme Court of Connecticut · 1848
- Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
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3Cited by48 opinions
- Lamar County v. ClementsTexas Supreme Court · 1878
- Union Transportation Co. v. Sacramento CountyCalifornia Supreme Court · 1954
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- City of Palmetto v. KatschSupreme Court of Florida · 1923
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