Legal Opinion

Kircher v. Incorporated Town of Larchwood

Supreme Court of Iowa

Decided May 22, 1903PublishedCited by 16 opinions

Appeal from, Lyon District Court. — HoN. Wm. HutchinsoN, Judge. ActioN for damages on account of a personal injury occasioned, as alleged, by a defective sidewalk. There was a jury trial, verdict and judgment in favor of plaintiff, and defendant appeals.

1Opinion of the Court

Bishop, O. J.

To prove that the way upon which the sidewalk in question was located was a public street, the plaintiff offered in evidence the county records showing i streets*evidence of. the location of a county road along the line 0-f such street as alleged; also the oral testimony of several long-time residents of the town to the effect that the way had been open, worked, and used as a public street for many years. This evidence was objected to by the defendant, and it seems to be the contention of counsel that, because the existence of the street was denied in the answer, the plaintiff…

2Cases cited6 opinions

  1. McConnell v. City of OsageSupreme Court of Iowa · 1890
  2. Armstrong v. Town of AckleySupreme Court of Iowa · 1887
  3. Gronan v. KukkuckSupreme Court of Iowa · 1882
  4. Smith v. City of Des MoinesSupreme Court of Iowa · 1892
  5. Reddin v. GatesSupreme Court of Iowa · 1879

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3Cited by16 opinions

  1. Gillikin v. BurbageSupreme Court of North Carolina · 1965
  2. Ruud v. GrimmSupreme Court of Iowa · 1961
  3. State v. GlazeSupreme Court of Iowa · 1916
  4. Evans v. City of IowaSupreme Court of Iowa · 1904
  5. Vint v. AshlandSupreme Court of Iowa · 1966

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