15 N.W. 257 (Iowa 1883), Yahn v. City of Ottumwa

Citation:15 N.W. 257, 60 Iowa 429
Opinion Judge:ROTHROCK, J.
Party Name:YAHN v. CITY OF OTTUMWA
Attorney:Wm. McNett and W. D. Tisdale, for appellant. W. H. C. Jacques, S. E. Alder and Stiles & Beaman, for appellee.
Case Date:March 20, 1883
Court:Supreme Court of Iowa
 
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Page 257

15 N.W. 257 (Iowa 1883)

60 Iowa 429

YAHN

v.

CITY OF OTTUMWA

Supreme Court of Iowa, Council Bluffs

March 20, 1883

Appeal from Wapello District Court.

THIS action was brought to recover damages for an injury received by the plaintiff by being thrown from a wagon in one of the streets of Ottumwa, the accident having been occasioned, as it is alleged, by reason of one of the wheels of the wagon coming in contact with a stone, which the city authorities had negligently allowed to remain upon the street. The pleadings are in the usual form of actions of this character, and a trial to a jury resulted in a verdict and judgment for the plaintiff. Defendant appeals.

REVERSED.

Wm. McNett and W. D. Tisdale, for appellant.

W. H. C. Jacques, S. E. Alder and Stiles & Beaman, for appellee.

OPINION

ROTHROCK, J.

I.

The plaintiff and her husband, who is a farmer, reside in the vicinity of Ottumwa. On the morning [60 Iowa 430] of the day the injury was received, they went to Ottumwa in an ordinary farm wagon drawn by two horses, to sell some potatoes and purchase some family supplies. After selling the potatoes, the plaintiff went to another part of the city on an errand, and the husband drove the wagon down along the edge of Jefferson street, and left it standing there awaiting plaintiff's return. When she returned they put some chairs, which they had purchased, in the wagon, and the plaintiff seated herself upon one of the chairs. Her husband took his seat upon a board laid across the wagon box, and started the team. The wagon had moved but a few feet when the plaintiff fell to the street, and by reason of the fall her arm was broken.

It was claimed upon the trial that the fall of the plaintiff was caused by one of the wheels of the wagon coming in contact with a stone in the street, in a violent and sudden manner, by which the wagon careened or tipped to one side. There was a great variance in the testimony of the witnesses for the plaintiff as to the size of the stone and its exact location in the street. It was claimed upon the part of the city that there was no stone in the street, and that the wagon wheel did not run against a stone, but that the accident was caused by a sudden start of the team from fright, the wagon being partly in the gutter at the side of the street, and not upon level ground, and for the further...

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