Gibson v. City of Denison
Supreme Court of Iowa
Appeal from Crawford District Court. — Hon. F. ]\I. Powers, Judge. Action for damages resulting from a fall, caused by a defective sidewalk, in November, 1904. There was a trial in September, 1905, at which the jury, by direction of the court, returned a verdict for defendant. Judgment was entered thereon, and in the month following an appeal to this court was perfected.
1Opinion of the CourtLadd, J.
It may be conceded that the walk, as alleged in the petition, was “an old, worn-out, rotten, decayed sidewalk, having been laid more than ten years” prior to the injury, and that for many years “the stringers supporting it had become rotten, worn out, and decayed to such an extent that the sidewalk boards nailed thereto would not hold,” and were “loose and dangerous to passengers passing over it,” and that in maintaining the sidewalk in this condition, the defendant was negligent. The sole inquiry is whether it conclusively appeared from the evidence that plaintiff by his own negligence…
2Cases cited6 opinions
- Parkhill v. Town of BrightonSupreme Court of Iowa · 1883
- Cosner v. City of CentervilleSupreme Court of Iowa · 1894
- Hartman v. City of MuscatineSupreme Court of Iowa · 1886
- Cook v. Incorporated Town of HedrickSupreme Court of Iowa · 1907
- Reynolds v. City of CentervilleSupreme Court of Iowa · 1911
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3Cited by18 opinions
- Beach v. City of Des MoinesSupreme Court of Iowa · 1947
- Lindloff v. DueckerSupreme Court of Iowa · 1933
- Hanson v. City of AnamosaSupreme Court of Iowa · 1916
- Smith v. City of HamburgSupreme Court of Iowa · 1931
- Geagley v. City of BedfordSupreme Court of Iowa · 1944
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