Dubuque Wood & Coal Ass'n v. City & County of Dubuque
Supreme Court of Iowa
Appeal from, Dubuque District Court. Action at law. The petition avers, that, prior to the date when plaintiff’s cause of action accrued, there had been erected and maintained a bridge on Seventh street in the city of Dubuque over a slough of the Mississippi river; that Seventh street was a highway leading from the business portion of the city to the levee upon the river, and, as such, was used by the public; that said bridge was a county bridge, and it was the duty of the…
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Appeal from, Dubuque District Court. Action at law. The petition avers, that, prior to the date when plaintiff’s cause of action accrued, there had been erected and maintained a bridge on Seventh street in the city of Dubuque over a slough of the Mississippi river; that Seventh street was a highway leading from the business portion of the city to the levee upon the river, and, as such, was used by the public; that said bridge was a county bridge, and it was the duty of the city as well as the county to rebuild it after it became impassable: that before the bridge became impassable, a large…
1Opinion of the CourtBeck, J.
It is not denied, by the appellees, that the injury complained of will support an action, unless the injury appears to be public in its nature, and the damage claimed too remote, under the rules of the law, to become the basis of a compensatory judgment. The liability of the county and. city for damage, the direct and certain result of negligence in failing to repair a highway, when that duty is imposed upon them, is not questioned by the counsel of appellees.
The questions presented for our determination, in this case, are these: 1. Are the injuries set out in the petition, as the foundation…
2Cited by28 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Lemos v. MaddenWyoming Supreme Court · 1921
- Chicago, St. P., M. & O. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1893
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
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