Legal Opinion

Bailey v. City of Centerville

Supreme Court of Iowa

Decided December 21, 1901PublishedCited by 19 opinions

Appeal from Appanoose District Court. — Hon. Robert Sloan, Judge:. Action to recover damages for a personal injury. There was a trial to a jury, and a verdict and judgment for the plaintiff. The defendant appeals.

1Opinion of the CourtSherwin, J.

1 The appellant contends that the evidence of the plaintiff and of her husband shows conclusively that she was guilty of contributory negligence in passing' over the walk where she was injured. The evidence tends to show that the walk was in an unsafe condition for some distance in each direction from the particular point where the accident happened, and that the plaintiff had frequently passed over it, and knew that it was sadly out of repair. In addition to this, however, it is shown that there was no other safe way for her to reach her destination, and that she did not know of the…

2Cases cited10 opinions

  1. Yahn v. City of OttumwaSupreme Court of Iowa · 1883
  2. Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
  3. Nesbit v. Town of GarnerSupreme Court of Iowa · 1888
  4. Barnes v. Town of MarcusSupreme Court of Iowa · 1896
  5. Nichols v. Incorporated Town of LaurensSupreme Court of Iowa · 1895

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3Cited by19 opinions

  1. Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
  2. Withey v. Fowler Co.Supreme Court of Iowa · 1914
  3. Brubaker v. Iowa CountyWisconsin Supreme Court · 1921
  4. McBride v. Des Moines City Railway Co.Supreme Court of Iowa · 1906
  5. Poulin v. GrahamSupreme Court of Vermont · 1929

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