Holmquist v. C. L. Gray Construction Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. James P. Hewitt, Judge. This is an action at law brought by Emelia A. Holmquist, Administratrix of the Estate of John A. Holmquist, deceased, because of the wrongful acts of the defendants. Trial to a jury. At the close of the evidence both defendants moved for a directed verdict. The motion was sustained as to the defendant city and overruled as to the construction company.
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Appeal from Polk District Court. — Hon. James P. Hewitt, Judge. This is an action at law brought by Emelia A. Holmquist, Administratrix of the Estate of John A. Holmquist, deceased, because of the wrongful acts of the defendants. Trial to a jury. At the close of the evidence both defendants moved for a directed verdict. The motion was sustained as to the defendant city and overruled as to the construction company. There was a verdict and judgment for plaintiff and against the last named defendant for $6,000.00. The 'plaintiff first appealed from the directed verdict against her and in favor…
1Opinion of the CourtPreston, J.
— It is alleged that the defendants maintained and permitted a nuisance and were negligent in the following particulars:
1. In failing to erect, or cause to be erected, over the sidewalk, adjacent to and in front of the wall that was being constructed, a safe and suitable covering of boards, so that pedestrians walking along in front of said building would be protected from injury by falling workmen or material.
2. In requiring and permitting workmen to work on said wall on the 21st day of October, 1909, with the high wind that was prevailing, making it almost impossible for the men to maintain…
2Cases cited7 opinions
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Bliven v. City of Sioux CitySupreme Court of Iowa · 1892
- Parmenter v. City of MarionSupreme Court of Iowa · 1901
- Cason v. City of OttumwaSupreme Court of Iowa · 1897
- Duffy v. City of DubuqueSupreme Court of Iowa · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Reid v. Automatic Electric Washer Co.Supreme Court of Iowa · 1920
- Spiker v. City of OttumwaSupreme Court of Iowa · 1922
- Armstrong v. WaffleSupreme Court of Iowa · 1931
- Jahnke Ex Rel. Jahnke v. Incorporated City of Des MoinesSupreme Court of Iowa · 1971
- Jahnke Ex Rel. Jahnke v. Incorporated City of Des MoinesSupreme Court of Iowa · 1971