Hanlon v. City of Keokuk
Supreme Court of Iowa
Appeal from the Le.e District Court. An action for damages, for an injury to the person of the plaintiff. In making improvements, and in grading the streets of the city of Keokuk, the authorities had caused' á cut of some twenty-six feet deep to be made on Des Moines street, over which the plaintiff walked, in the night time of the 22d of January, 1857, receiving severe bodily injuries by means of his fall.
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Appeal from the Le.e District Court. An action for damages, for an injury to the person of the plaintiff. In making improvements, and in grading the streets of the city of Keokuk, the authorities had caused' á cut of some twenty-six feet deep to be made on Des Moines street, over which the plaintiff walked, in the night time of the 22d of January, 1857, receiving severe bodily injuries by means of his fall. It is alleged that there was • no fence, failing, or other guard, along the precipice. After the plaintiff’s testimony, tending to show negligence on the part of the defendant, the latter'…
1Opinion of the CourtWoodward, J.
The error secondly assigned is, that the instructions are so contradictory as to confuse and mis-, lead the jury. This discrepancy is immaterial to the plaintiff, if the instruction last given is correct, since the other six are in his favor. The only question is upon the correctness of that which requires . extraordinary care on the part of the plaintiff.
It is unnecessary to refer to more or other authorities than those cited by counsel in their arguments. The instances are rare in which extraordinary care or dilligenceare required. Perhaps they are limited to the case of a commodaiurn, or a…
2Cited by7 opinions
- Rice v. City of Des MoinesSupreme Court of Iowa · 1875
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- Byerly v. City of AnamosaSupreme Court of Iowa · 1890
- Ross v. City of DavenportSupreme Court of Iowa · 1885
- Owen v. City of ChicagoAppellate Court of Illinois · 1882
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