Kennedy v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Gotirt. — Hon. W. F. Conrad, Judge. Action to recover for personal injuries sustained "by the plaintiff by being thrown from a hose cart, upon which, in the discharge of his duty as a fireman, he was riding at the time; the accident being caused by the negligence of the defendant in permitting the rails ■of a street railway to project above the surface of the street. A demurrer to the defendant’s answer was sustained.
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Appeal from Polk District Gotirt. — Hon. W. F. Conrad, Judge. Action to recover for personal injuries sustained "by the plaintiff by being thrown from a hose cart, upon which, in the discharge of his duty as a fireman, he was riding at the time; the accident being caused by the negligence of the defendant in permitting the rails ■of a street railway to project above the surface of the street. A demurrer to the defendant’s answer was sustained. TJpon a trial, after the ruling upon the demurrer, the answer being stricken out, there was a verdict for the defendant, which was set aside, and a new…
1Opinion of the Court
Beck, 0. J.
I. The answer of the defendant pleaded as a defense that the action was not commenced within six months after the injury was sustained, •and that no notice specifying the place where and circumstances under which the injury was inflicted was .given the defendant within ninety days after the injury, ■and therefore the action is barred, under chapter 25 of .Acts of the Twenty-Second General Assembly. The ruling of the court sustaining the demurrer to this answer presents the only question which we are required 'to consider upon this appeal.
II. Chapter 25 of Acts of the Twenty-Second…
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