Huston v. Iowa County
Supreme Court of Iowa
Appeal from ‘Iowa Circuit Court. This is an action to recover for injuries sustained by falling through a bridge. The cause was tried by the court, who, at the request of counsel, submitted a finding of facts, which is as follows: “ W. Huston, plaintiff, in the exercise of ordinary care, on or about the 25th of August, 1872, was driving his team with buggy attached upon and over Bear Creek bridge, situated in Marengo township, in Iowa county, Iowa, constructed by and erected…
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Appeal from ‘Iowa Circuit Court. This is an action to recover for injuries sustained by falling through a bridge. The cause was tried by the court, who, at the request of counsel, submitted a finding of facts, which is as follows: “ W. Huston, plaintiff, in the exercise of ordinary care, on or about the 25th of August, 1872, was driving his team with buggy attached upon and over Bear Creek bridge, situated in Marengo township, in Iowa county, Iowa, constructed by and erected by defendant upon a county road at its crossing of Bear creek, out of the bridge fund of said county; that when near…
1Opinion of the CourtDay, J.
1 bridges : county! negligence. I. Appellant urges that a county is not liable for damages arising out of a neglect to repair highways or bridges, unless the action be expressly given by statute. It is conceded that the doctrine announced by this court in Wilson & Gustin v. Jefferson County, 13 Iowa, 181, and since followed in numerous other decisions of this court, is directly opposed to this position; but it is claimed that these decisions conflict with the doctrine upon the subject announced in other States
*459We have no inclination now to review, either, for the purpose of fortifying or…
2Cases cited2 opinions
- Wilson v. Jefferson CountySupreme Court of Iowa · 1862
- Moreland v. Mitchell CountySupreme Court of Iowa · 1875
3Cited by4 opinions
- Kincaid v. Hardin CountySupreme Court of Iowa · 1880
- James v. Trustees of Wellston TownshipSupreme Court of Oklahoma · 1907
- Shirkey v. Keokuk CountySupreme Court of Iowa · 1937
- Larsen v. Independent School DistrictSupreme Court of Iowa · 1937