Bills v. City of Ottumwa
Supreme Court of Iowa
Appeal from Davis District Oowrt. Action at law to recover for alleged injuries sustained by plaintiff, in being thrown from a wagon loaded with straw, upon one of the public streets of the city. The bad condition of the street, it is alleged, was the direct cause of the injury, and defendant is charged with liability on account of negligence and want of care in permitting the street to be out of repair. There was a verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Beck, Ch. -J.
The points presented in argument by defendant’s counsel involve tbe existence of a highway at the place plaintiff received the injuries complained of, the sufficient acceptance by tbe city of a street dedicated to tbe public use by tbe owner of the land, the sufficiency of the evidence to support the verdict, conflict between tbe special findings of tbe jury and their general verdict, and the rejection of certain evidence offered by defendant. These will be noticed in tbe order just given.
*109I. The court, in the instructions to the jury, laid down certain rules as to what would…
2Cited by9 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Denver, S. P. & P. R. v. WilsonSupreme Court of Colorado · 1888
- Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
- Independence Coffee & Spice Co. v. KalkmanSupreme Court of Colorado · 1916
- Tobin v. Van OrsdolSupreme Court of Iowa · 1950
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