Giles v. City of Shenandoah

• Decision Date: 13 April 1900
• Citation: 111 Iowa 83,82 N.W. 466
• Parties: GILES v. CITY OF SHENANDOAH.
• Court: Iowa Supreme Court

111 Iowa 83

82 N.W. 466

GILES

v.CITY OF SHENANDOAH.

Supreme Court of Iowa.

April 13, 1900.

Appeal from district court, Page county; A. B. Thornell, Judge.

The plaintiff stepped into a hole in defendant's sidewalk April 21, 1897, causing her to fall into a ditch by it and break her arm. This action for damages was begun August 19, 1897. After the evidence on the part of plaintiff had been introduced, the court directed a verdict for the defendant on the ground that no notice specifying the circumstances of the injury had ever been served. From the judgment rendered thereon, the plaintiff appeals. Affirmed.C. S. Keenan, for appellant.

W. P. Ferguson, for appellee.

LADD, J.

As the suit was begun more than 90 days after the accident, “unless written notice specifying the place and circumstances of the injury” was served on the defendant city within 60 days thereafter, no action can be maintained. Chapter 25, 22d Gen. Assem., as amended by chapter 63, 26th Gen. Assem.; Code, § 3447; Pardey v. Incorporated Town of Mechanicsville, 101 Iowa, 266, 70 N. W. 189;Starling v. Incorporated Town of Bedford, 94 Iowa, 194, 62 N. W. 674. The only notice served on the defendant was that signed by plaintiff's attorney, demanding a settlement of the claim, with notice of his lien, and containing these words: “You, and each of you, are hereby notified that the undersigned has for collection and adjustment a claim on account of an injury that occurred to Mrs. J. L. Giles, at the intersection of Church street and Clarinda avenue, on the evening of April 21st.” This did not purport to give any of the circumstances of the injury, as required. So far as conveying information, the accident may as well have resulted from a falling sign, as in Bliven v. City of Sioux City, 85 Iowa, 346, 52 N. W. 246, or the breaking down of a bridge, as in Sachs v. City of Sioux City (Iowa) 80 N. W. 336, or the running away of a team, as from a defective sidewalk. The object of the statute is to apprise the city authorities of the location of the defect, and the circumstances attending the accident, with such reasonable certainty as shall enable them, not only to investigate the city's liability while the facts are fresh, but also to ascertain what evidence there may be of conditions then existing, and of the character of the injury, while witnesses are at hand. Benson v. City of Madison (Wis.) 77 N. W. 161;Owen v. City of Ft. Dodge (Iowa) 67 N. W. 281. It is enough, however,...