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Beach v. City of Des Moines

26 N.W.2d 81, 238 Iowa 312, 1947 Iowa Sup. LEXIS 316
CourtSupreme Court of Iowa
DecidedFebruary 11, 1947
DocketNo. 46723.
StatusPublished
Cited by28 cases

This text of 26 N.W.2d 81 (Beach v. City of Des Moines) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beach v. City of Des Moines, 26 N.W.2d 81, 238 Iowa 312, 1947 Iowa Sup. LEXIS 316 (iowa 1947).

Opinions

Bliss, J.

This opinion supersedes those in 21 N. W. 2d 677, and 24 N. W. 2d 342. A rehearing was granted on each of these appeals and the opinions therein were set aside.

The plaintiff, a maiden lady, had made her home at No. 715 on the north side of Clark Street just west of Seventh Avenue in the defendant city, from December 1, 1939, until August 16, 1942. Clark Street extends east and west and is intersected at right angles by Sixth Avenue and Seventh Avenue. In going to her daily work and to church on Sunday she would walk from her home eastward, on the sidewalk on the north side of Clark Street, across Seventh- Avenue, and then east to Sixth Avenue, where she would take a southbound curbliner bus at the northwest corner of the intersection of Clark Street and Sixth Avenue. In returning home she would get off the bus at the southeast corner of the intersection and cross to the northwest corner and go west on the sidewalk on the north side of Clark Street. She conceded that she may have passed over the defective sidewalk eighteen hundred times_ while living on Clark Street.

In passing upon the court’s direction of the verdict we view the evidence in the light most favorable to appellant. There is nothing inherently improbable or unbelievable in the evidence, and it and all reasonable inferences therefrom must be accepted at their face value in determining whether the appellant made a case submissible to the jury. There is no contradiction of evidence offered in her behalf.

Appellant was severely and permanently injured. Her left

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Bluebook (online)
26 N.W.2d 81, 238 Iowa 312, 1947 Iowa Sup. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beach-v-city-of-des-moines-iowa-1947.