Cushing v. City of Winterset
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. Edmund Nichols, Judge. Action to recover damages for personal injury sustained by plaintiff while passing along a public street, by reason of the alleged negligence of the defendant in failing to maintain such street in a reasonably safe condition for travel.
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Appeal from Madison District Court. — Hon. Edmund Nichols, Judge. Action to recover damages for personal injury sustained by plaintiff while passing along a public street, by reason of the alleged negligence of the defendant in failing to maintain such street in a reasonably safe condition for travel. There was a demurrer to the petition on the ground that plaintiff failed to allege written notice specifying the time, place and circumstances of the injury, and that the action was not commenced until more than three months had elapsed from the alleged happening of said injury.This demurrer was…
1Opinion of the CourtMcClain, J.
It is conceded that the ruling of the court in sustaining defendant’s demurrer on the ground that the action founded on injury to the person on account of a defective street was not brought within three months, no written notice specifying the time, place and circumstances of the injury having been served upon the defendant within sixty days from the happening of the injury (Code, section 3447, paragraph 1), was correct, unless the alleged fact of plaintiff’s minority entitled him, under Code, section 3453, to a time after the termination of hi's disability within which to serve such notice.…
2Cases cited8 opinions
- Harvey v. City of ClarindaSupreme Court of Iowa · 1900
- Bliven v. City of Sioux CitySupreme Court of Iowa · 1892
- Morgan v. City of Des MoinesCourt of Appeals for the Eighth Circuit · 1894
- Roelefsen v. City of PellaSupreme Court of Iowa · 1903
- Pardey v. Inc. Town of MechanicsvilleSupreme Court of Iowa · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. Barker v. MeekSupreme Court of Iowa · 1910
- Kelleher v. Ephrata School District No. 165Washington Supreme Court · 1960
- Heck v. City of KnoxvilleSupreme Court of Iowa · 1958
- Newgirg v. BlackSupreme Court of Iowa · 1916
- Wones v. City of HoustonCourt of Appeals of Texas · 1955
5 more not listed; retrieve them via the Exa API.