Legal Opinion

Pardey v. Town of Mechanicsville

Supreme Court of Iowa

Decided October 8, 1900PublishedCited by 16 opinions

Appeal from, Cedar District Court. — Hon. William G. Thompson, Judge.. Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant in not keeping one of its sidewalks in repair. The defendant answered, admitting its corporate capacity, and that it constructed said walk, and denying every other allegation in the petition. Verdict and judgment were rendered for the plaintiff for $1,500. Both parties appeal.

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Appeal from, Cedar District Court. — Hon. William G. Thompson, Judge.. Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant in not keeping one of its sidewalks in repair. The defendant answered, admitting its corporate capacity, and that it constructed said walk, and denying every other allegation in the petition. Verdict and judgment were rendered for the plaintiff for $1,500. Both parties appeal. The defendant having first presented its appeal in this court, it is designated as the appell ant.

1Opinion of the CourtGiven, J.

*701 2 *69I. We first consider the plaintiff’s appeal, Avhich rests upon the following facts: May 8, 1897, the plaintiff filed her amended and substituted petition, setting forth her cause of action as having accrued on or about June 18, 1894; that within 90 days thereafter she served notice thereof on defendant’s mayor, specifying the place and circumstances of the injury, and on the twenty-first day of *70August, 1894, filed a petition setting forth said cause of action, and asking to recover thereon, and that the defendant appeared and answered said petition, and the case proceeded to trial; that at…

2Cases cited2 opinions

  1. Owen v. City of Fort DodgeSupreme Court of Iowa · 1896
  2. Archer v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1885

3Cited by16 opinions

  1. Buchmeier v. City of DavenportSupreme Court of Iowa · 1908
  2. Howe v. Sioux CountySupreme Court of Iowa · 1917
  3. Bowman v. City of DavenportSupreme Court of Iowa · 1952
  4. Charles Furnald v. Anthony Hughes and Emcasco Insurance CompanySupreme Court of Iowa · 2011
  5. Ryan v. Phoenix InsuranceSupreme Court of Iowa · 1927

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