Sweet v. Atkinson
Supreme Court of Iowa
Appeal from Carroll District Court. — E. G-. AlbeRt, Judge. Action in the name of the administratrix of the estate of Sidney S. Sweet, deceased, for reimbursement for the amount which plaintiff alleges she was compelled to pay as damages to the administratrix of the estate of Walter H. McNulty, who was fatally injured by a brick cornice, falling from a two-story brick building owned by decedent, fronting on a business street in Belle Plaine, Iowa; and also for costs,…
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Appeal from Carroll District Court. — E. G-. AlbeRt, Judge. Action in the name of the administratrix of the estate of Sidney S. Sweet, deceased, for reimbursement for the amount which plaintiff alleges she was compelled to pay as damages to the administratrix of the estate of Walter H. McNulty, who was fatally injured by a brick cornice, falling from a two-story brick building owned by decedent, fronting on a business street in Belle Plaine, Iowa; and also for costs, interest, and attorneys’ fees paid by her in defending against said claim for damages. The material facts are stated in the…
1Opinion of the CourtStevens, J.
Plaintiff’s petition is in two counts. In Count 1 thereof she alleges that Sidney S. Sweet, decedent, on April 18, 1902, entered into a written contract with the defendant, J. F. Atkinson, by the terms of which the defendant agreed *646to furnish, all of the material and labor therefor, and to construct a two-story brick building in the city of Belle Plaine for decedent, according to certain plans prepared by one John H. Prescott, architect, which, a,s originally drawn, provided for an ornamental, terra cotta front, but which plans, at the suggestion of the defendant, were changed so as to show a…
2Cases cited22 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
- Astoria v. Astoria & Columbia River R.Oregon Supreme Court · 1913
- Hobbs v. HurleySupreme Judicial Court of Maine · 1918
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3Cited by7 opinions
- American District Telegraph Co. v. KittlesonCourt of Appeals for the Eighth Circuit · 1950
- United States Fidelity & Guaranty Co. v. WilliamsCourt of Appeals of Maryland · 1925
- Chicago & North Western Railway Co. v. Chicago, Rock Island & Pacific RailroadDistrict Court, N.D. Iowa · 1959
- Nord v. Butte Water Co.Montana Supreme Court · 1934
- Cohen v. Maryland Casualty Co. of BaltimoreDistrict Court, E.D. South Carolina · 1925
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