Mathews v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from, Linn District Court. — Hon. J. H. Preston, Judge. On tlie evening of October 5, 1888, tbe plaintiff was walking along Second street, in tbe defendant city, and was injured by falling through the walk close to and in front of a store-building owned at the time by defendant Mansfield. The opening through which plaintiff fell is a part of what is known as an “area way,” quite common in cities, and designed to admit light and air to the basement.
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Appeal from, Linn District Court. — Hon. J. H. Preston, Judge. On tlie evening of October 5, 1888, tbe plaintiff was walking along Second street, in tbe defendant city, and was injured by falling through the walk close to and in front of a store-building owned at the time by defendant Mansfield. The opening through which plaintiff fell is a part of what is known as an “area way,” quite common in cities, and designed to admit light and air to the basement. It was about five and one-half feet in length, and about fifteen or sixteen inches in width. The length of the opening was along the front…
1Opinion of the CourtGbangeb, J.
1. Personal injury : open area in sidewalk: contributory negligence: instruction. — I. An exception is taken to instruction number 10 given by the court; and we first notice that, as it seems to be the principal ‘ ‘ bone . T-. ,. of contention ' m the case. Before quoting: . ... ± o the instruction, it is proper to say it is undisputed in the case that the opening through which plaintiff fell was in full view of one approaching the window, and if plaintiff, as he approached the window, had looked for defects at that place, he must have seen it. It may be said as a fact in the case that, after…
2Cases cited10 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- Hudson v. C., & N. W. R. R.Supreme Court of Iowa · 1882
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Rusch v. City of DavenportSupreme Court of Iowa · 1858
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3Cited by37 opinions
- Lindquist v. Des Moines Union Railway Co.Supreme Court of Iowa · 1947
- Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
- Hull v. Bishop-Stoddard CafeteriaSupreme Court of Iowa · 1947
- Downing v. Merchants National Bank of GreeneSupreme Court of Iowa · 1921
- Lombar v. Village (Mich. 5-8-1891)Michigan Supreme Court · 1891
32 more not listed; retrieve them via the Exa API.