Cramer v. City of Burlington
Supreme Court of Iowa
Appeal from, Des Moines Circuit Court. This action is brought by the plaintiff to recover damages for personal injuries received by him by falling from a sidewalk, negligently and defectively constructed and negligently left out of repair. The answer denied the negligence alleged and avers that the defendant’s injuries were caused hy his own carelessness and negligence. The cause was tried to a jury, who rendered a verdict for plaintiff, on which judgment was rendered.
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Appeal from, Des Moines Circuit Court. This action is brought by the plaintiff to recover damages for personal injuries received by him by falling from a sidewalk, negligently and defectively constructed and negligently left out of repair. The answer denied the negligence alleged and avers that the defendant’s injuries were caused hy his own carelessness and negligence. The cause was tried to a jury, who rendered a verdict for plaintiff, on which judgment was rendered. Defendant appeals.
1Opinion of the Court
Miller, Oh. J.
i it is g l i - üíSuU)ry<‘0n" instruction.. On the trial there was evidence tending to prove that the plaintiff and other parties in a company together were, on the night of the injury, out on the streets of the city at a late hour of the night, going from one saloon to another, drinking “beer, wine and soda water” frecpiently; that the injury occurred near to the last saloon (Smith’s) at which the parties had been, drinking, and immediately after leaving the last saloon, and between twelve and one o’clock at night. The injury complained of was caused by the plaintiff falling…
2Cases cited1 opinion
- Doulon v. City of ClintonSupreme Court of Iowa · 1871
3Cited by7 opinions
- Cramer v. City of BurlingtonSupreme Court of Iowa · 1877
- Bender v. Incorporated Town of MindenSupreme Court of Iowa · 1904
- Evans v. City of IowaSupreme Court of Iowa · 1904
- Lundy v. City of SedaliaMissouri Court of Appeals · 1912
- Smith v. City of Sioux CitySupreme Court of Iowa · 1903
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