Gustin v. The County of Jefferson

• Decision Date: 08 October 1863
• Citation: 15 Iowa 158
• Parties: GUSTIN v. THE COUNTY OF JEFFERSON
• Court: Iowa Supreme Court

15 Iowa 158

GUSTIN v. THE COUNTY OF JEFFERSON

Supreme Court of Iowa

October 8, 1863

Appeal from Jefferson District Court. ACTION for damages for injuries to the person of the plaintiff, by the falling of a bridge belonging to the defendant. The defendant demurred to the petition for reasons which appear in the opinion of the Court. This demurrer was sustained, and from the ruling of the Court thereon the plaintiff appeals.

Affirmed.

Robt. H. Gilmore for the appellant, cited Ang. Lim., § 301.

C. C Nourse and Slagle & Atchison for the appellee, cited Ang. Lim., § 300; Baldwin v. Calkin, 10 Wend. 167.

OPINION

LOWE J.

On the 13th day of June, 1860, whilst the plaintiff was crossing with his team a bridge over Big Cedar in the county of Jefferson, the same gave way and precipitated him and the team into the creek below, from which there resulted to him a personal injury, to recover damages for which he instituted this suit against the defendant, on the first day of September, 1862. This being after the lapse of two years within which, under the statute, the suit should have been brought, the defendant demurred for that reason. The demurrer was sustained and the plaintiff appeals.

For the purpose of showing that the Statute of Limitations did not run for the first year after the falling of said bridge, and that his action was not barred thereby, the plaintiff in his petition makes the following statement: "That for and up to the period of one year after the falling and breaking down of said bridge, that is to say up to June 13, 1861, plaintiff was of opinion and supposed that the injuries caused plaintiff by the falling of said bridge were not of a serious or permanent nature; that none of his bones appeared to be broken thereby, and that plaintiff hoped and expected to recover his usual robust health and strength. But the plaintiff says the effects and results of said falling through said bridge did not develop themselves and become apparent until about and after June 13th, 1861, when from said causes his health at once suddenly and permanently failed, and very serious, and, as he fears, fatal injuries to his spine and chest became manifest, and his whole physical organization became feeble and unsound. And he says that all the said injuries to his person and health so accruing at and after June 13th, 1861, were the direct result and consequence of the breaking of said bridge--a result and...