City of Des Moines v. Barnes

Tbe City of Des Moines was tbe defendant in a prior action brought by Cornelius Ahern, who recovered damages for injuries received as the result of a fall on a sidewalk on which ice had formed. A judgment was entered against the city and on appeal to this court the trial court was affirmed. Ahern v. City of Des Moines, 234 Iowa 113, 12 N. W. 2d 296. The City of Des Moines then brought the present action against Walter B. Barnes, the owner of the building on which there was a downspout that had deposited water on an adjacent sidewalk, causing a forming of ice. The city claimed the defendant…