Nolan v. Reed
Supreme Court of Iowa
Appeal from Iowa, District Court.— HoN. R, P. Howell, Judge. The,'petition alleged, in substance, that defendants are the supervisors of Iowa county; that a public highway extends from Wheeler’s Corners north about a mile, then northeasterly to the bridge across the Iowa river, and on northerly to the city of Belle Plaine; that said defendants have negligently permitted the waters to cave in, take from, and gouge out of said highway from a few rods north of said Wheeler’s…
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Appeal from Iowa, District Court.— HoN. R, P. Howell, Judge. The,'petition alleged, in substance, that defendants are the supervisors of Iowa county; that a public highway extends from Wheeler’s Corners north about a mile, then northeasterly to the bridge across the Iowa river, and on northerly to the city of Belle Plaine; that said defendants have negligently permitted the waters to cave in, take from, and gouge out of said highway from a few rods north of said Wheeler’s Corners, and for the distance' of almost the entire length of said highway there is a ravine, ditch or cañón, in some…
1Opinion of the Court
Ladd, C. J.—
The defendants, as members of the board of supervisors of Iowa county, are alleged to have been guilty of such lapses in the discharge of their official duties as to render them responsible for the death of plaintiff’s decedent, who in passing along the highway in going toward Belle Plaine, without fault on his part, drove his team from the traveled way into a ditch, and was killed. The particular acts of negligence alleged are in omitting to erect barriers along the embankment; in not maintaining signal lights or otherwise warning the public of the danger of the ditch; in *70permitti…
2Cases cited4 opinions
- State v. YoungSupreme Court of Iowa · 1907
- Wilson v. Wapello CountySupreme Court of Iowa · 1905
- Sells v. DermodySupreme Court of Iowa · 1901
- Taylor v. Davis CountySupreme Court of Iowa · 1875
3Cited by3 opinions
- McCarl v. Clarke CountySupreme Court of Iowa · 1914
- Theulen v. Township of ViolaSupreme Court of Iowa · 1908
- O'Neil v. StuberSupreme Court of Iowa · 1918