Evans v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottwwattmnie District Court.• — O. I). Wheeler, Judge. Action to recover damages for personal injuries occasioned by a fall upon a sidewalk. The negligence charged is that the city permitted ice and snow, which fell upon its sidewalk at a certain point, to become rough, rounded, and uneven; and that plaintiff, in attempting to pass over it, slipped and fell, without any fault on her part. Judgment for the plaintiff in the court from which the appeal is taken.
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Appeal from Pottwwattmnie District Court.• — O. I). Wheeler, Judge. Action to recover damages for personal injuries occasioned by a fall upon a sidewalk. The negligence charged is that the city permitted ice and snow, which fell upon its sidewalk at a certain point, to become rough, rounded, and uneven; and that plaintiff, in attempting to pass over it, slipped and fell, without any fault on her part. Judgment for the plaintiff in the court from which the appeal is taken. Defendant appeals. "Reversed for a failure to give certain special interrogatories.
1Opinion of the CourtGaynor, J.
I. On the 13th day of December, 1916, plaintiff fell upon a sidewalk in the city of Council Bluffs, and received injuries. Her claim is that the injuries were occasioned by the negligence of the defendant in permitting its walk to become obstructed by the accumulation of ice upon it, and while it was in that condition, she, in attempting to pass over it, fell and was injured, without fault on her part. Defendant denies that it was negligent in any degree; denies that it can be charged with any fault in respect to the condition of the walk, or the plaintiff’s alleged injury.
The cause was tried…
2Cases cited4 opinions
- Decatur v. SimpsonSupreme Court of Iowa · 1902
- Estate of Townsend v. TownsendSupreme Court of Iowa · 1904
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Day v. City of Mt. PleasantSupreme Court of Iowa · 1886
3Cited by9 opinions
- Spiker v. City of OttumwaSupreme Court of Iowa · 1922
- Winter v. DavisSupreme Court of Iowa · 1933
- Forrest v. Sovereign Camp W.O.W.Supreme Court of Iowa · 1935
- Hovden v. City of DecorahSupreme Court of Iowa · 1968
- Whitlatch v. City of Iowa FallsSupreme Court of Iowa · 1924
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