Jones v. City of Clinton
Decision Date | 11 December 1896 |
Citation | 69 N.W. 418,100 Iowa 333 |
Parties | LUCY JONES v. THE CITY OF CLINTON, Appellant |
Court | Iowa Supreme Court |
Appeal from Clinton District Court.--HON. A. J. HOUSE, Judge.
ACTION at law to recover damages alleged to have been sustained by the plaintiff by being thrown out of a buggy while traveling on one of the streets of the defendant city. There was a trial by jury; verdict and judgment for the plaintiff. Defendant appeals.
Reversed.
C. H George and McCoy Bros. for appellant.
No appearance for appellee.
The plaintiff and one Jackson, while riding along one of the streets of Clinton in a buggy, drove the horse into an open ditch or trench, and they were thrown out of the vehicle in which they were riding, and the plaintiff claims that she was seriously injured. The action is grounded upon the alleged negligence of the city in not protecting the traveling public from injury by reason of the trench in the street. The accident occurred in the evening, between twilight and dark. There were lights in some of the stores on the street. No lights were necessary to discover the trench in the street. The earth taken from the excavation was deposited in the street. A man on a load of hay, across the street, saw the obstruction, and called aloud to Jackson warning him of the danger. The trench was dug by the employes of Kendall & Co., plumbers, engaged in plumbing, digging trenches, and repairing water pipes. A service water pipe in the street burst, and, in order to repair it, the employes of Kendall & Co. made the excavation. One of these employes was examined as a witness in behalf of the plaintiff. The following is part of his testimony: ...
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