Legal Opinion

McLaury v. City of McGregor

Supreme Court of Iowa

Decided October 23, 1880PublishedCited by 18 opinions

Appeal from Clayton Cw-cuit Cowt. Action to recover for personal injuries alleged to have been sustained by reason of a defective street. There was a trial without a jury, and judgment was rendered for the defendant. The plaintiff appeals.

1Opinion of the Court

Adams, Oh. «L

The essential facts, as found by the court, are that the plaintiff, while walking upon one of the streets of McGregor, fell from the sidewalk into a ditch and received severe injuries; that the ditch had been caused by successive freshets; that it was about four feet deep, and its bottom covered witli rock; that it was so near the sidewalk that if a person stepped off he would necessarily fall-into it; that no guard or barrier was erected to keep persons from stepping off; that the plaintiff, who was at the time of the accident about seventy-eight years of age, was walking upon…

2Cases cited1 opinion

  1. Tilton v. Hamilton Fire InsuranceThe Superior Court of New York City · 1857

3Cited by18 opinions

  1. Beach v. City of Des MoinesSupreme Court of Iowa · 1947
  2. Alline v. City of Le MarsSupreme Court of Iowa · 1887
  3. Barce v. City of ShenandoahSupreme Court of Iowa · 1898
  4. Hartman v. City of MuscatineSupreme Court of Iowa · 1886
  5. Dale v. Webster CountySupreme Court of Iowa · 1888

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