City of Ottumwa v. Parks
Supreme Court of Iowa
Appeal from Van Suren District Court. The defendant, Samuel Parks, being the owner of certain lots in the city of Ottumwa, which he was desirous of improving by erecting buildings thereon, and constructing a large cellar extending into the street under the sidewalk, by leave of the city took up the sidewalk, and excavated an area about fifty feet long, eight feet wide and seven feet deep, and walled the same up, but left it uncovered for about two months. .To prevent…
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Appeal from Van Suren District Court. The defendant, Samuel Parks, being the owner of certain lots in the city of Ottumwa, which he was desirous of improving by erecting buildings thereon, and constructing a large cellar extending into the street under the sidewalk, by leave of the city took up the sidewalk, and excavated an area about fifty feet long, eight feet wide and seven feet deep, and walled the same up, but left it uncovered for about two months. .To prevent accidents, however, he erected a barrier at each end of the excavation, so as to turn the travel off the sidewalk into the…
1Opinion of the CourtAdams, J.
Whatever directions were given by the city to Parks in regard to the character of the guards, were given by the mayor. On this point Parks testified as follows: “The mayor called me to him one morning and said: ‘Mr. Parks, you will have to put up a barricade across the end of the walk, and over across the other end,’ pointing to them. I asked him what kind of a barricade I should put up. He said I had better drive some stakes or set some posts, and nail some plank to it. He stood and pointed out on the ground and said : ‘ You want to extend it so as to turn the travel off the sidewalk.’ He…
2Cited by21 opinions
- Chicago & North Western Railway Co. v. Chicago, Rock Island & Pacific RailroadDistrict Court, N.D. Iowa · 1959
- Horrabin v. City of Des MoinesSupreme Court of Iowa · 1924
- Franzen v. Dimock Gould & Co.Supreme Court of Iowa · 1960
- City of Independence v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1901
- Updegraff v. City of OttumwaSupreme Court of Iowa · 1929
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