Broburg v. City of Des Moines
Supreme Court of Iowa
Appeal from, Pollc Circuit Court. The petition states that the plaintiff, without fault ou his part, “stepped and fell,” while passing along a street of the city, “in consequence of the defendant’s officers, agents and employes having negligently and carelessly permitted stones, brick and other building material to be placed upon and remain on said street, so as to cause'large quantities of ice and snow to accumulate and remain for a great length af time on the part of said…
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Appeal from, Pollc Circuit Court. The petition states that the plaintiff, without fault ou his part, “stepped and fell,” while passing along a street of the city, “in consequence of the defendant’s officers, agents and employes having negligently and carelessly permitted stones, brick and other building material to be placed upon and remain on said street, so as to cause'large quantities of ice and snow to accumulate and remain for a great length af time on the part of said street where plaintiff was rightfully walking, so as to obstruct and render dangerous the ordinary and proper way for…
1Opinion of the CourtSeevers, J.
1. City Streets: dangerous condition of: charging city with notice of : facts not warranting. -I. The building material, placed as it was, did not cause the accident, but it was caused by the ice and snow which had accumulated in the street. The building material, at most, caused the ice and snow to accumulate. The city did not have ex-press notice of such accumulation, nor that the street was in a dangerous condition. A material question on the trial, therefore, was, whether the snow and ice had so accumulated as to render the street dangerous to persons passing over it. In a lengthy…
2Cases cited1 opinion
- Cook v. City of MilwaukeeWisconsin Supreme Court · 1869
3Cited by23 opinions
- Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Henkes v. City of MinneapolisSupreme Court of Minnesota · 1890
- Huston v. City of Council BluffsSupreme Court of Iowa · 1897
- Hofacre v. City of MonticelloSupreme Court of Iowa · 1905
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