Schmitter v. Kauffman

274 N.W.2d 723, 1979 Iowa Sup. LEXIS 866
CourtSupreme Court of Iowa
DecidedJanuary 24, 1979
DocketNo. 60707
StatusPublished
Cited by1 cases

This text of 274 N.W.2d 723 (Schmitter v. Kauffman) 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
Schmitter v. Kauffman, 274 N.W.2d 723, 1979 Iowa Sup. LEXIS 866 (iowa 1979).

Opinion

REYNOLDSON, Chief Justice.

In a law action tried to the court plaintiffs claimed damages against defendant’s intestate for alleged negligent destruction of a bridge which furnished access to their land. Trial court entered judgment awarding plaintiffs $7500 as assignees of Washington County’s claim against defendant for destroying the bridge. Defendant appeals. After cross-appealing from the judgment because it failed to award them special damages, plaintiffs dismissed their appeal. We affirm on defendant’s appeal.

In October, 1972, defendant’s intestate, Arthur Kauffman, had loaded his five-ton, 1962 International flatbed truck with about eight tons of logs. After some discussion with others concerning the risk, he then attempted to drive this rig over the Rubio bridge spanning Richland Creek in Washington County. The bridge was posted for a four-ton limit. This proved closer to the truth than Kauffman’s estimate. Kauff-man, who was uninjured, extracted his property from the creekbed but the county never repaired the bridge.

The demolished structure had provided plaintiffs their sole access to farmland they owned north of Richland Creek. An access road north of the creek had been closed previously.

Trial court’s findings of fact in a law action are binding on this court if supported by substantial evidence. Rule 14(f)(1), Rules of Appellate Procedure; Koehler v. State, 263 N.W.2d 760, 761 (Iowa 1978). In this case there is substantial evidence to support the following findings of trial court which are relevant in this appeal:

The court finds defendant’s intestate, Arthur Kauffman, was negligent at common law in attempting to drive his loaded truck, weighing about 13 tons, across the Rubio bridge when he knew, or in the exercise of ordinary care, should have known that such bridge was unsafe for loads of more than 4 tons, and that such negligence on his part was the proximate cause of the collapse, destruction and resulting damage to said bridge.

[725]*725Considering the testimony in the record as to the condition of the Rubio bridge prior to its destruction in October, 1972, its age and original cost of construction, repairs and replacements of bridge flooring and stringers, the natural deterioration of the steel components of the bridge during the years since its construction, the fact that the bridge was damaged beyond repair, the opinion evidence of expert witnesses as to cost of replacement by a new bridge of the same type, the fact that such type of bridge construction is obsolete, opinion evidence as to the value of the bridge prior to its destruction, the lack of a “market” value for such bridge, the limited use and utility of the bridge to the public generally, the court finds the actual value of the Rubio bridge immediately prior to its destruction in October 1972 was $7,500.00, that the cost of replacement thereof far exceeded its value prior to destruction, and that the damages proximately caused to said bridge by the negligence of Kauffman are $7,500.00.

After collapse of the bridge, Plaintiffs demanded of the County that they be provided with access to their lands north of Richland Creek, and entered into negotiations with the County Board of Supervisors concerning replacement of the bridge. Due to its limited use by the public generally and the cost of construction of a new bridge across Richland Creek, the County was unwilling to replace the bridge. Plaintiffs obtained legal advice that they could not compel the County to rebuild the bridge. The County investigated the cost of acquiring right of way through Kessler’s land [north of the creek] to provide Plaintiffs access, but the estimated cost thereof was more than the County was willing to spend. The Board of Supervisors then began to consider closing and vacating of the three-quarters mile of Road No. 31 between Plaintiffs’ farms.

After considerable negotiations between them, the County and Plaintiffs reached an oral compromise agreement concerning Plaintiffs’ demands for access whereby Plaintiffs would petition for the closing of the road provided the County would construct a crossing or ford at the point where the Rubio bridge had collapsed by installing a 6' diameter steel culvert with concrete headwall on each end 12" thick and 3' over the culvert, to be backfilled with large rock to the top of the headwalls, and to grade the old road south of the culvert to drain properly; that after construction of such a crossing, the road would be vacated and closed, and the Plaintiffs would thereafter maintain said crossing; that as a part of the agreement, the County would assign to Plaintiffs its cause of action for damages to the Rubio bridge against the party responsible for its destruction and Plaintiffs would not institute suit against the County for damages now or hereafter claimed by Plaintiffs as the result of the County’s acts in not replacing the Rubio bridge and in building the crossing in place thereof.

These oral agreements between Plaintiffs and the County were reduced to writing and appear in instruments identified in the record as Exh. P-6, Exh. D-2 and Exh. D-3, the first exhibit being the agreement, assignment of claim, and covenant not to sue signed by the Board of Supervisors on July 10, 1974, and the last two exhibits being the petition for road vacation signed by Schmitter on April 13, 1974, and Pacha on April 15, 1974, and the further proceedings by the Board of Supervisors for vacation of said road.

The crossing called for under the agreements of the parties was constructed and completed in October, 1974, when the closing and vacation of the road became fully and finally effective.

Pursuant to the assignment by the County to them, Plaintiffs commenced this action against Arthur Kauffman in August, 1974, and during pendency thereof Arthur Kauffman died and Lovina Kauffman, Administrator of his estate, was substituted as party-defendant herein.

[726]*726Defendant raised several affirmative defenses which were rejected by trial court and are reflected in the issues raised here. Defendant asserts: (1) The board of supervisors had no authority to assign the county’s claim to plaintiffs, (2) plaintiffs had no standing or right to maintain their action, (3) plaintiffs’ “prior” settlement with the board barred any recovery against defendant’s intestate, and (4) plaintiffs failed to prove any recoverable damages.

I. Authority of board to assign claim.

Defendant argues there is no Iowa statute granting a board of supervisors authority to assign the county’s right to recover for damages to property, nor can any Iowa statute, reasonably construed, be interpreted to grant such authority by implication.

Defendant additionally relies on § 321.-475, The Code 1971, which makes the driver and owner of vehicles, objects or contrivances, liable for damages to highways and highway structures resulting from “any illegal operation, driving, or moving” of such devices, and further provides “[sjuch damage may be recovered in a civil action brought by the authorities in control of such highway or highway structure.” The latter provision, it is asserted, limits the right to recover such damages to the board alone.

Assuming for the purposes of this analysis the board would have no right to assign a § 321.475 cause of action, we do not find the statute controlling. In State v. F. W. Fitch Co.,

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Bluebook (online)
274 N.W.2d 723, 1979 Iowa Sup. LEXIS 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmitter-v-kauffman-iowa-1979.