Duffy v. City of Dubuque
Supreme Court of Iowa
Appeal from, Delaware Circuit Court. This action is brought by plaintiff to recover damages on account of personal injuries sustained by him, in consequence of an obstruction and nuisance which, he alleges, the defendant negligently permitted to .remain in one of its streets. There was a verdict for plaintiff for $5,000. Defendant hied a motion for a new trial, one of the grounds of which was that the damages were excessive.
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Appeal from, Delaware Circuit Court. This action is brought by plaintiff to recover damages on account of personal injuries sustained by him, in consequence of an obstruction and nuisance which, he alleges, the defendant negligently permitted to .remain in one of its streets. There was a verdict for plaintiff for $5,000. Defendant hied a motion for a new trial, one of the grounds of which was that the damages were excessive. The circuit court was of opinion that this ground of the motion was well taken, but gave the plaintiff leave to remit $1,500 of the amount of the verdict, and thereupon…
1Opinion of the CourtReed, J.
1. Cities and Towns: injury to one using street: what is proper use of: liability of city. -The evidence given on the trial establishes the following facts: Tenth street is one of the principal streets in the city of Dubuque. It runs east and west, and is intersected by Locust, a street running north and south. It has been macadamized, guttered and curbed for many years, and there is a brick sidewalk on its north side. There was a frame building situated on the lot in the northwest angle of the two streets. The main part of this building stood immediately at the corner, but there was awing in…
2Cases cited1 opinion
- Collins v. City of Council BluffsSupreme Court of Iowa · 1872
3Cited by18 opinions
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Baxter v. City of Cedar RapidsSupreme Court of Iowa · 1897
- T. N. O. R. R. Co. v. SyfanTexas Supreme Court · 1898
- Hall Ex Rel. Estate of Hall v. Town of KeotaSupreme Court of Iowa · 1956
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