Starling v. Inc. Town of Bedford
| Decision Date | 04 April 1895 |
| Parties | STARLING v. INCORPORATED TOWN OF BEDFORD. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Taylor county; W. H. Tedford, Judge.
Action at law to recover damages for a personal injury alleged to have been caused by reason of a defect in one of the streets of the defendant town. There was a demurrer to the petition, which was sustained, and the plaintiff excepted to the ruling, and judgment was rendered for the defendant for costs. Plaintiff appeals. Affirmed.G. B. Haddock and Jackson & Miller, for appellant.
B. V. Leonard and G. L. Finn, for appellee.
It is averred in the petition that on the 15th day of August, 1892, plaintiff, while walking on a sidewalk on one of the streets of the defendant town, because of the unsafe condition of said sidewalk was tripped by a loose and defective board therein, and was caused thereby to fall and injure herself. There are proper averments charging the defendant with notice of the defective walk before the accident, and that the injury occurred without fault on the part of the plaintiff. The defendant demurred to the petition on the ground that it did not appear therefrom that written notice of the injury was served upon the defendant within 90 days after the accident. The demurrer was sustained, and the plaintiff thereupon amended the petition by pleading that, within 60 days after receiving the injury, she gave proper and oral notice thereof to the mayor and council of the town, and that a committee of the council was appointed to investigate the demand, and that said committee and the said mayor requested and prevailed on the plaintiff to delay the commencement of legal proceedings, so that the nature and extent of plaintiff's injuries, and the amount of compensation to be paid to her, might be more fully understood; that, after making investigations, propositions of settlement were made to plaintiff, and the plaintiff was requested to make a proposition of settlement to the council, and these investigations and negotiations all occurred within 90 days after the injury to the plaintiff. Copies of the proceedings of the city council in reference to the claim are exhibited with, and made part of, the petition. It appears from these proceedings that on September 5, 1892, a committee was appointed to investigate the matter. On the 3d day of October, 1892, the committee reported to the council, and the committee was continued “to look after the matter, and receive a proposition of settlement of same from Mrs. Starling.” On December 5, 1892, the committee reported that they had called on the plaintiff several times, and...
To continue reading
Request your trial
-
Shields v. Vt. Mut. Fire Ins. Co.
...Cambridge, supra; Hubbard v. Inhabitants of Fayette, 70 Me. 121, 124, 125; Hoyle v. Putnam, 46 Conn. 56, 61 (semble); Starling v. Bedford, 94 Iowa, 194, 62 N. W. 674, 675 (in which case waiver of proofs of loss, although required by statute, by an insurance company, was expressly recognized......
-
Brown v. Salt Lake City
... ... Casselton [Mich.], 79 N.W. 1071; Startling v ... Bedford [Iowa], 62 N.W. 674; Hastings v ... Foxworthy, 63 N.W. 955 (Neb.); ... 741; Davis v ... Great Falls, 77 P. 309; Shields v. Town of ... Durham, 24 S.E. 974; Kelley v. City of Madson, 43 Wis ... ...
-
Touhey v. City of Decatur
...by said section cannot be waived by the city or town. Batchelder v. White, City Treas., 28 R. I. 466, 68 Atl. 320;Starling v. Bedford, 94 Iowa, 194, 62 N. W. 674;Veazie v. Rockland, 68 Me. 511;Forsyth v. City of Oswego, 191 N. Y. 441, 446, 84 N. E. 392, 123 Am. St. Rep. 605, 608, 609, and n......
-
Shields v. Vermont Mut. Fire Ins. Co.
... ... Parker v. Pittsfield, ... supra , was an action against a town to recover for ... injuries alleged to have been caused by the ... Hoyle v. Putnam , 46 Conn. 56, 61 (semble); ... Starling v. Bedford , 94 Iowa 194, 62 N.W ... 674, 675 (in which case waiver of ... ...