Home/Supreme Court of Iowa/Frisk v. City of Des Moines

Frisk v. City of Des Moines

196 Iowa 606
CourtSupreme Court of Iowa
DecidedMay 15, 1923
StatusPublished
Cited by5 cases

This text of 196 Iowa 606 (Frisk 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
Frisk v. City of Des Moines, 196 Iowa 606 (iowa 1923).

Opinion

Arthur, J.

The sidewalk in question is on the east side of West Third Street, between Ascension Street and University Avenue, in the city of Des Moines. West Third Street extends north and south. It has never been paved. The walk in question is made of concrete, and was constructed in 1917 by the city. About a year before the walk was laid, a curbing six inches thick and seven inches deep ivas constructed along the east side of this street in said block. An opening was left in the curbing in front of the Brooks residence property, eight and one-half feet wide, for a driveway into said property. Request for the driveway was made by the owner of the property. By resolution, defendant city authorized the construction of what is designated in an ordinance as “Class B walk,” on the east side of said West Third Street, where the accident occurred, which 1! Class B walk ’ ’ calls for a walk of the width of four feet. The specifications called for a parking space of one foot between the curb and the west edge of the walk; that the surface of the walk, when finished, should have a fall from the lot line toward the curb of three-sixteenths inches to the foot; that the surface of the driveway, when completed, should be level with the adjoining walk; that, on either side of the walk across a private driveway, a lip should be constructed, rectangular in cross section, having a length equal to the width of the driveway, and thickness at the sidewalk of six inches, and base of eighteen inches. The walk was built along this block flush with the curbing, leaving no parking space between the walk and the curb. The [608]*608walk was laid four feet wide, except in- front of the Brooks residence property. In front of this, property, the city’s employees, the construction crew, when they came to lay the walk, found a coping or retaining’ wall, ten inches thick and twelve inches high. This coping or retaining wall extended its thickness of ten inches out beyond the lot line. The construction crew left the coping or retaining wall standing, and laid the sidewalk solid in the space between the coping and the curbing, making the sidewalk three feet and two inches wide, plus the width of the curbing, six inches, making the total width of the sidewalk and curbing three feet and eight inches. The walk was built of concrete, with a “float finish,” which is a rough finish.

The testimony shows that from about the center of the walk across the driveway, as constructed, there is a decline toward the west edge of the walk of approximately three-eighths to one-half inch. Then out at the edge of the walk across the driveway there is a declivity, or ‘ ‘ cut, ’ ’ as appellee in her testimony calls it,- — that is, a drop of four and one-quarter inches in ten and three-quarters inches; and from the top of the curbing to [609]*609the bottom of the incline or level of the street, it is approximately six inches. At the time of the accident, the walk had remained and was in the same condition as originally constructed.

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Related

Beach v. City of Des Moines
26 N.W.2d 81 (Supreme Court of Iowa, 1947)
Dodds v. West Liberty
281 N.W. 476 (Supreme Court of Iowa, 1938)
Corbin v. City of Dubuque
234 N.W. 828 (Supreme Court of Iowa, 1929)
Atkinson v. Sheriff Motor Co.
212 N.W. 484 (Supreme Court of Iowa, 1927)
Geringer v. Town of Marcus
212 N.W. 365 (Supreme Court of Iowa, 1927)

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Bluebook (online)
196 Iowa 606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frisk-v-city-of-des-moines-iowa-1923.