City of Des Moines v. Barnes

Cornelius Ahern was injured in a fall on an icy sidewalk in plaintiff city. He sued the city alone, alleging, however, that the dangerous condition of the sidewalk where he fell was due to a downspout maintained by W. B. Barnes (defendant herein) upon the adjoining premises. Trial of that case resulted in a judgment against the city, which was affirmed upon appeal to this court. Ahern v. City of Des Moines, 234 Iowa 113, 12 N. W. 2d 296.

After that action was commenced and more than fifteen months before it came to trial the city caused to be served on Walter B. Barnes, defendant herein, a…