Koester v. City of Ottumwa
Supreme Court of Iowa
Appeal from, Wapello Circuit Court. Action to recover for injuries received by falling into an excavation in tbe sidewalk, alleged to bave been carelessly and negligently left unguarded. Tbe defendant denied tbe allegations of carelessness, etc., on its part, and averred that plaintiff was careless and negligent. Trial to jury; verdict and judgment for plaintiff for $2,000. Tbe defendant appeals.
1Opinion of the CourtCole, J.
Corporation municipal: excavation in sidewalk. The plaintiff, who had never before been there, arrived at the city of Ottumwa about noon, 'on the 28th of October, 1870. He took dinner at the depot hotel, and remained about there with a frien¿5 until between six and seven o’clock in the evening. He then started to go to a hotel in the city, and was pursuing the route he had been directed when he received the injury sued for. In his route, on the westerly side of Market street, between Front and Second, a brick building was being erected; in front of this building an excavation for an area had…
2Cited by13 opinions
- Gould v. SchermerSupreme Court of Iowa · 1897
- Malloy v. Township of WalkerMichigan Supreme Court · 1889
- Stafford v. City of OskaloosaSupreme Court of Iowa · 1882
- Ilwaco Railway & Navigation Co. v. HedrickWashington Supreme Court · 1890
- Kennedy v. HolladaySupreme Court of Missouri · 1891
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