Legal Opinion

Belken v. City of Iowa Falls

Supreme Court of Iowa

Decided January 27, 1904PublishedCited by 7 opinions

Appeal from Hardin District Court. — HoN. J. K. Whitaker, Judge. Motion to recover damages for a personal injury, occasioned, as alleged, by a defective sidewalk. There was a trial to jury, verdict and judgment in favor of plaintiff, and defendant appeals.

1Opinion of the CourtBishop, J.

This action was not commenced until more than three months had elapsed following the date of the injury alleged. It is provided by Code, section 3447 — a part 1. Pleadings. limitation. of the general statute of limitations — that actions founded on injury to the person on account of defective sidewalks, etc., must be brought within *431three months, unless written notice specifying the time, place, and circumstances of the injury shall have been served upon the municipal corporation to be charged within sixty days from the happening of the injury. We think it sufficiently appears that a notice,…

2Cases cited6 opinions

  1. Barke v. EarlySupreme Court of Iowa · 1887
  2. Raver v. WebsterSupreme Court of Iowa · 1856
  3. Harlin v. StevensonSupreme Court of Iowa · 1870
  4. Brush v. PetersonSupreme Court of Iowa · 1880
  5. Meek v. MeekSupreme Court of Iowa · 1876

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3Cited by7 opinions

  1. Eby v. City of LewistownMontana Supreme Court · 1918
  2. Armstrong v. City of Des MoinesSupreme Court of Iowa · 1942
  3. Lawrence v. MelvinSupreme Court of Iowa · 1926
  4. Central Trust Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1912
  5. Keehn v. StapletonSupreme Court of Kansas · 1946

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