Roelefsen v. City of Pella
Supreme Court of Iowa
Appeal from, Marion District Court. — Hon.’A. W. Wilkinson, Judge. Action at law to recover damages for personal injuries received by plaintiff while passing over a sidewalk in defendant city. The trial court sustained a demurrer to plaintiff’s petition, and she appeals.
1Opinion of the CourtDeemeb, J.
Plaintiff received her injuries February 8, 1901, but she did not commence her action until May 9, 1902. In the month of October, 1901, she served the city with notice of her injury, but, as this was more than sixty days after the happening of the accident, her claim is barred under paragraph 1 of section 3447 of the Code, which provides that actions such as this must be brought within three months after the cause thereof accrues, unless plaintiff has, within sixty days from the happening of the injury, given the city a written notice thereof, etc. To avoid the bar of the statute, plaintiff…
2Cases cited5 opinions
- Morgan v. City of Des MoinesCourt of Appeals for the Eighth Circuit · 1894
- Bishop v. KnowlesSupreme Court of Iowa · 1880
- Mereness v. First National BankSupreme Court of Iowa · 1900
- Shorick v. BruceSupreme Court of Iowa · 1866
- Black v. RossSupreme Court of Iowa · 1899
3Cited by18 opinions
- Kyle v. Green Acres at Verona, Inc.Supreme Court of New Jersey · 1965
- Ogg v. RobbSupreme Court of Iowa · 1917
- Hughes v. RooseveltCourt of Appeals for the Second Circuit · 1939
- Nebola v. Minnesota Iron Co.Supreme Court of Minnesota · 1907
- Albrecht v. General Motors Corp.Supreme Court of Iowa · 2002
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