Case v. City of Waverly
Supreme Court of Iowa
Appeal from, Bremer Circuit Court. Action to recover for injuries caused by falling in the night time into a shallow well in the street, near the corner of Elm and Clay streets in the city of Waverly, left unguarded, as averred, by reason of the negligence of the defendant. The defendant denies its negligence, avers the plaintiff’s negligence and want of notice to it, of the alleged defect.
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Appeal from, Bremer Circuit Court. Action to recover for injuries caused by falling in the night time into a shallow well in the street, near the corner of Elm and Clay streets in the city of Waverly, left unguarded, as averred, by reason of the negligence of the defendant. The defendant denies its negligence, avers the plaintiff’s negligence and want of notice to it, of the alleged defect. Trial to a jury; verdict and judgment for plaintiff for $347.76. The defendant appeals.
1Opinion of the CourtCole, J.
— The testimony tends to prove that at the crossing of Clay and Elm streets, and near to the ditch, private parties had, sometime prior to the accident, dug a well and had constructed a platform and curb to it; that soon after, it was ascertained that the well did not afford water, and hence it was not used, and the platform and curb went to decay and were finally wholly removed, and the well was filled up, by private parties, with dirt, sticks and stones; that afterward, the filling settled and left a hole near three feet deep, into which the plaintiff fell and fractured his ankle one dark…
2Cited by1 opinion
- Moody v. St. P. & S. C. R.Supreme Court of Iowa · 1875