Nesbit v. Town of Garner
Supreme Court of Iowa
Appeal from Hancock District Court. — Hon. John B. Cleland, Judge. Action for the recovery of damages for a personal injury caused, as was alleged, by a defect in a public highway which defendant was bound to maintain. Verdict and judgment for defendant. Plaintiff appeals.
1Opinion of the CourtReed, J.
1. Negligence: of driver: imputation to invited passenger. I. — Plaintiff, when riding on one of the streets of the defendant town, was thrown from the vehicle in which he was riding, and sustained serious injuries. The accident hap-pened at. a plank ero ssing, constructed and maintained by the town, at the intersection of two streets. The negligence alleged is that the crossing was built above the level of the street, and that it was not so filled in on the sides as to form a proper and safe approach. The evidence tended to prove that the earth, which'had originally formed the slopes from…
2Cases cited8 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- Chapman v. . New Haven Railroad CompanyNew York Court of Appeals · 1859
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3Cited by46 opinions
- Bricker v. GreenMichigan Supreme Court · 1946
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Schwartz v. JohnsonTennessee Supreme Court · 1925
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- Bresee v. Los Angeles Traction Co.California Supreme Court · 1906
41 more not listed; retrieve them via the Exa API.