Wymore v. Mahaska County
Supreme Court of Iowa
Appeal from PowesMelc District Court. — I-Ion. W. R. Lewis, Judge. Plaintiff, as the administrator of the estate of Artemus Smith, deceased, seeks to recover damages resulting from the death of decedent, alleged to have been caused by negligence on the part of defendant. After the evidence had been submitted, the jury were instructed to return a verdict for the defendant, which they did. Judgment was rendered on the verdict, and plaintiff appeals.
1Opinion of the CourtRobinson, J.
In August, 1883, Henry Smith, with his family, consisting of his wife, a daughter and plaintiff’s intestate, then about two years of age, attempted to drive over a county bridge of defendant in a wagon drawn by two horses., The bridge fell while the team was on it, and the wagon and its occupants fell to the stream below. The fall resulted in' the death of the mother and plaintiff’s intestate. The plaintiff claims that at the time in question the bridge was out of repair, and in a dangerous condition, and that defendant is chargeable with knowledge of that fact; that it fell in consequence of…
2Cases cited17 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Daley v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1858
- Battishill v. HumphreysMichigan Supreme Court · 1888
- G., H. & H. R'y Co. v. MooreTexas Supreme Court · 1883
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
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3Cited by54 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Lindley v. SinkIndiana Supreme Court · 1940
- Hazel v. Hoopeston-Danville Motor Bus Co.Illinois Supreme Court · 1923
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Handeland v. BrownSupreme Court of Iowa · 1974
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