Moss v. City of Burlington
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. The plaintiff is a physician, a resident of the defendant, and brings this action to recover damages caused by a horse and buggy being precipitated down a declivity in one of the streets of the city. It is stated in the petition that “ Eighth Street is one of the prominent and much used streets in said city.” Such street runs practically north and south from Division, across Market, to Yalley Street.
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Appeal from Des Moines Circuit Court. The plaintiff is a physician, a resident of the defendant, and brings this action to recover damages caused by a horse and buggy being precipitated down a declivity in one of the streets of the city. It is stated in the petition that “ Eighth Street is one of the prominent and much used streets in said city.” Such street runs practically north and south from Division, across Market, to Yalley Street. Between Division and Market streets there is a “precipice or broken declivity,” beyond which, going north, Eighth Street is reasonably well improved. Between…
1Opinion of the CourtServers, J.
This cause was submitted to the Circuit Court on an agreed statement of facts which is quite lengthy. The material facts may be briefly stated. The plaintiff tied his horse to a post on Eighth Street, south of Market, and went into a house to visit a patient. From some unknown cause the horse became frightened, broke the fastenings, and ran north on Eighth Street, across Market, and down the declivity between Market and Yalley streets, and was killed. The buggy and harness were broken and greatly damaged. The city had failed to erect any barriers across Eighth Street, to warn or protect the…
2Cases cited4 opinions
- Kennedy v. . MayorNew York Court of Appeals · 1878
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1868
- Brown v. Mayor of GlasgowSupreme Court of Missouri · 1874
- Ward v. Town of North HavenSupreme Court of Connecticut · 1875
3Cited by7 opinions
- Byerly v. City of AnamosaSupreme Court of Iowa · 1890
- Bleil v. Detroit Street Railway Co.Michigan Supreme Court · 1893
- Pratt v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
- City of Harrodsburg v. AbramCourt of Appeals of Kentucky · 1910
- Nocks v. Incorporated Town of WhitingSupreme Court of Iowa · 1905
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