Ray v. City of Council Bluffs, No. 34424.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtDE GRAFF
PartiesRAY v. CITY OF COUNCIL BLUFFS.
Docket NumberNo. 34424.
Decision Date04 April 1922

193 Iowa 620
187 N.W. 447

RAY
v.
CITY OF COUNCIL BLUFFS.

No. 34424.

Supreme Court of Iowa.

April 4, 1922.


Appeal from District Court, Pottawattamie County; J. B. Rockafellow, Judge.

Action to recover damages for personal injuries alleged to have been sustained by a fall on an icy sidewalk in the city of Council Bluffs, Iowa. Verdict of the jury finding for the plaintiff in the sum of $3,500, and judgment entered accordingly. Defendant appeals. Affirmed.

[187 N.W. 447]

V. A. Morgan, of Council Bluffs, for appellant.

W. R. Green and J. A. Williams, both of Council Bluffs, for appellee.


DE GRAFF, J.

The petition of plaintiff alleges that on January 6, 1919, he slipped upon rough ice and frozen snow on the sidewalk at the northeast corner of Stutsman and Pierce streets, in Council Bluffs, Iowa, “injuring his hip and groin, and producing a double inguinal hernia, which injuries are permanent in character.”

It is further alleged that the defendant city was negligent in permitting the drainage from the residence located at said corner to run over and upon the walk at the place where plaintiff was injured, and in permitting the slush, snow, and ice to collect on the sidewalk at this point, so as to become uneven, rough, rounded, sloping, and ridged. A notice of said injury was served by the plaintiff on the city January 21, 1919. Petition was filed October 15, 1919.

[1] The primary contention of the appellant is predicated on the insufficiency of the statutory notice of injury under Code, § 3447. The notice per se is insufficient. No one contends otherwise. It is defective in that it fails to set out the place where the accident occurred. Owen v. Ft. Dodge, 98 Iowa, 281, 67 N. W. 281;Blackmore v. City of Council Bluffs (Iowa) 176 N. W. 369.

[2] Plaintiff, however, relies upon the written statement of his case made by him and received by the city solicitor within the time fixed by the statute. It is not the policy of the law to give too strict a construction in matters of this character. The statutory requirement of notice is liberally construed to the end that a person having a

[187 N.W. 448]

meritorious claim shall not be denied a right of recovery by a mere technicality as to the form of the notice given. Buchmeier v. Davenport, 138 Iowa, 623, 116 N. W. 695;Schnee v. Dubuque, 122 Iowa, 459, 98 N. W. 298;Perry v. Clarke County, 120 Iowa, 96, 94 N. W. 454.

[3] The form of the notice or service is immaterial. A notice directed “to whom it may concern,” and not signed by the plaintiff or his attorney, and handed to a city alderman by plaintiff's attorney, was held sufficient under circumstances showing that the plaintiff's case had been referred by resolution of the council to a committee of which the alderman receiving the notice was a member. Blackmore v. City of Council Bluffs, supra. See, also, Klingman v. Madison County, 161 Iowa, 422, 143 N. W. 426;Neeley v. Town of Mapleton, 139 Iowa, 582, 117 N. W. 981.

[4] After the notice of injury...

To continue reading

Request your trial
10 practice notes
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • December 27, 1927
    ...593; City of East Chicago v. Gilbert, supra; City of Denver v. Bradbury, 19 Colo. App. 441, 75 P. 1077; Ray v. City of Council Bluffs, 193 Iowa 620, 187 N.W. 447; Titus v. City of Montesano, 106 Wash. 608, 181 P. 43; King v. City of Spokane, supra.) This rule of liberal construction is so g......
  • Hovden v. City of Decorah, No. 52588
    • United States
    • United States State Supreme Court of Iowa
    • January 9, 1968
    ...Eagle Grove, 203 Iowa 696, 698, 213 N.W. 222; Parks v. City of Des Moines, 195 Iowa 972, 977, 191 N.W. 728; Ray v. City of Council Bluffs, 193 Iowa 620, 623, 187 N.W. 447; Gregg v. Town of Springville, 188 Iowa 239, 242, 174 N.W. 23; Evans v. City of Council Bluffs, 187 Iowa 369, 375, 174 N......
  • Wisdom v. Bd. of Sup'rs of Polk Cnty., No. 46710.
    • United States
    • United States State Supreme Court of Iowa
    • July 27, 1945
    ...as to the form of notice to be required.’ Buchmeier v. Davenport, 138 Iowa 623, 116 N.W. 695. See, also, Ray v. City of Council Bluffs, 193 Iowa 620, 187 N.W. 447, and cases there cited. V. Another statute that is analogous is Section 3828.107, Code of 1939, providing: ‘All claims and bills......
  • Cleophas v. Walker, No. 40206.
    • United States
    • United States State Supreme Court of Iowa
    • November 18, 1930
    ...for jurisdiction. See Neeley v. Incorporated Town of Mapleton, 139 Iowa, 582, 117 N. W. 981;Ray v. City of Council Bluffs, 193 Iowa, 620, 187 N. W. 447. Especially is this true when it is recalled the notice itself indicated that it was by the surety, Walker, and he himself personally serve......
  • Request a trial to view additional results
10 cases
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • December 27, 1927
    ...593; City of East Chicago v. Gilbert, supra; City of Denver v. Bradbury, 19 Colo. App. 441, 75 P. 1077; Ray v. City of Council Bluffs, 193 Iowa 620, 187 N.W. 447; Titus v. City of Montesano, 106 Wash. 608, 181 P. 43; King v. City of Spokane, supra.) This rule of liberal construction is so g......
  • Hovden v. City of Decorah, No. 52588
    • United States
    • United States State Supreme Court of Iowa
    • January 9, 1968
    ...Eagle Grove, 203 Iowa 696, 698, 213 N.W. 222; Parks v. City of Des Moines, 195 Iowa 972, 977, 191 N.W. 728; Ray v. City of Council Bluffs, 193 Iowa 620, 623, 187 N.W. 447; Gregg v. Town of Springville, 188 Iowa 239, 242, 174 N.W. 23; Evans v. City of Council Bluffs, 187 Iowa 369, 375, 174 N......
  • Wisdom v. Bd. of Sup'rs of Polk Cnty., No. 46710.
    • United States
    • United States State Supreme Court of Iowa
    • July 27, 1945
    ...as to the form of notice to be required.’ Buchmeier v. Davenport, 138 Iowa 623, 116 N.W. 695. See, also, Ray v. City of Council Bluffs, 193 Iowa 620, 187 N.W. 447, and cases there cited. V. Another statute that is analogous is Section 3828.107, Code of 1939, providing: ‘All claims and bills......
  • Cleophas v. Walker, No. 40206.
    • United States
    • United States State Supreme Court of Iowa
    • November 18, 1930
    ...for jurisdiction. See Neeley v. Incorporated Town of Mapleton, 139 Iowa, 582, 117 N. W. 981;Ray v. City of Council Bluffs, 193 Iowa, 620, 187 N. W. 447. Especially is this true when it is recalled the notice itself indicated that it was by the surety, Walker, and he himself personally serve......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT