Huston v. City of Council Bluffs

• Decision Date: 29 January 1897
• Parties: HUSTON v. CITY OF COUNCIL BLUFFS.
• Court: Iowa Supreme Court

101 Iowa 33

69 N.W. 1130

HUSTON

v.CITY OF COUNCIL BLUFFS.

Supreme Court of Iowa.

Jan. 29, 1897.

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

Action at law to recover damages for personal injuries resulting to plaintiff through a fall on one of the streets of the defendant city. Trial to a jury, verdict and judgment for plaintiff, and defendant appeals. Affirmed.Mayne & Hazelton, for appellant.

Harl & McCabe, for appellee.

DEEMER, J.

Appellee, while passing along and over a sidewalk on the north side of Washington avenue, a much-frequented street in the defendant city, slipped and fell upon the pavement, which was covered with ice and snow, and sustained a severe and complicated fracture of the arm and elbow. He brought this action for damages, alleging that the defendant was negligent in this: “That many days prior to the 24th day of February, 1894, occurred a fall of snow, which was suffered by the defendant corporation to lie as it fell upon said sidewalk. Later the weather became warm, and the snow, converted into slush, was still permitted to remain upon the walk, and in that condition was frozen hard and smooth. That the walk in question, at and near the point of injury, was so located as to receive, not only the snow that naturally fell in time of storm, but as well received drainage from the ground lying above it, with no means provided for the escape of the water and slush that might come upon it from above; and that the snow in question, converted into water and slush by the thawing referred to in the petition, not only accumulated upon said sidewalk, but there was, as well, a further accumulation, by reason of descent of water and slush from the higher ground, and this was not only permitted to accumulate, which accumulation occurred on the 18th day of February, 1894, but to remain on said walk until after the accident sustained by plaintiff. Plaintiff shows that the walk in question was not built on a flat surface, but was convex, the center of the walk being two or three inches higher than the sides, and that by reason thereof the ice complained of did not present a flat surface, but stood at an angle; and, yet further, that by reason of the passage of many pedestrians, on the 18th of February and prior, while the snow upon said walk was in form of slush, the same became very irregular and rough in formation, though smooth and glossy upon the surface, rendering passage over it in the highest degree dangerous and difficult, and that on the evening of February 18th the weather suddenly turned cold, freezing said water and slush in said position and manner.” Evidence was adduced tending to support the allegations of this petition, and the court below gave the following instructions with reference thereto: “Now, it may be stated as a general rule that the mere fact that snow or sleet has fallen upon the sidewalk from the clouds, and thereby rendered the sidewalk slippery and difficult to pass over, would not make the city liable therefor, even though such ice and snow should remain upon the walk for an unreasonable length of time after the officers of the city, whose duties require them to look after such matters, had notice of its existence, or after they, in the exercise of reasonable care in performing their duties, ought to have known of its existence; but this rule relates only to the natural conditions resulting from rain or sleet falling and freezing upon the walk, or snow accumulating upon the walk from natural causes. Where, after such ice or snow has thus accumulated, if by reason of persons traveling over same, or if, from other causes, as from ice or snow thawing and flowing down upon the walk from other lands, the surface of the snow or ice upon the walk becomes rough, or ridged, or rounded in form, or lies at an angle, or slanting, to the plane surface of the walk, so that it becomes difficult and dangerous for persons traveling on foot to pass over same when exercising ordinary care, or if the walk is constructed in such manner as not to permit the natural flow of the water and thawing snow from lands adjoining, but dams same upon the walk, and holds...