Legal Opinion

Huston v. City of Council Bluffs

Supreme Court of Iowa

Decided January 29, 1897PublishedCited by 30 opinions

Appeal from Pottawattamie District Court. — Hon. A. B. • Thornell, Judge. Action at law to recover damages for personal injuries resulting to plaintiff through a fall on one of the streets of the defendant city. Trial to a jury, vefdict and judgment for plaintiff, and defendant appeals.

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Appeal from Pottawattamie District Court. — Hon. A. B. • Thornell, Judge. Action at law to recover damages for personal injuries resulting to plaintiff through a fall on one of the streets of the defendant city. Trial to a jury, vefdict and judgment for plaintiff, and defendant appeals. Where, although the accumulation of ice or snow has been from purely natural causes, it remains upon the sidewalk in a rounded, uneven or sloping form, so as to increase the danger of accident and create a condition entirely distinct from mere slipperiness by reason of being wet or covered by ice and snow,…

1Opinion of the CourtDeemer, J.

*361 *34Appellee, while passing along and over a sidewalk on the north side of Washington *35avenue, a much-frequented street in the defendant city, slipped and fell upon the pavement, which was covered with ice and snow, and sustained a severe and complicated fracture of the arm and elbow. He brought this action for damages, alleging that the defendant was negligent in this: “That many days prior to the twenty-fourth day of February, 1894, occurred a fall of snow, which was suffered by the defendant corporation to lie as it fell upon said sidewalk. Later the weather became warm, and the snow,…

2Cases cited10 opinions

  1. State v. BradySupreme Court of Iowa · 1896
  2. Todd v. . City of TroyNew York Court of Appeals · 1875
  3. Collins v. City of Council BluffsSupreme Court of Iowa · 1871
  4. Hill v. City of Fond du LacWisconsin Supreme Court · 1882
  5. Cook v. City of MilwaukeeWisconsin Supreme Court · 1869

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3Cited by30 opinions

  1. Graham v. City of ChicagoIllinois Supreme Court · 1931
  2. Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
  3. Reno v. City of St. JosephSupreme Court of Missouri · 1902
  4. Ford v. City of Des MoinesSupreme Court of Iowa · 1898
  5. Hofacre v. City of MonticelloSupreme Court of Iowa · 1905

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