141 Iowa 203 | Iowa | 1909
Viola Herron resided on the south side of West Third Street in the defendant town, and in the first house east of Jones Street. She had put in a garden on a lot on the north side of the street, and at two or three o’clock in the afternoon of June 8, 1906, started with an armful of pea sticks from her back yard to go across to the garden. Upon reaching the walk on 'the south side of the street she stepped on it, a loose board flew up, tripping her, and she fell. To her claim for damages the defendant interposes but two objections on this appeal: (1) That the action is barred by the statute of limitations; and (2) that she was guilty of negligence contributing to her injury. Only the first part of these, need be considered. The action was not begun until October 18, 1906, more than three months subsequent to the injury, so that, “unless written notice specifying the time, place and circumstances of the injury shall have been served upon” the town “within sixty days from the happening of the injury,” the action is barred. A paper in words following was delivered to the mayor and members of council in session on July 11, 1906.
Town of Lineville, Iowa, to Mrs. Joseph Herron, Dr.
To damages resulting from injuries received from falling on defective sidewalk, on West Third
Street, Lineville, Iowa, June 8, 1906. $158.00 More particularly itemized as follows:
To 24 days’ time during which she was absolutely unable to perform any labor, or her usual vocation . $24.00
To doctor’s bill for treatment and medicine.... 10.00
To damages for suffering and pain as result of injuries. 100.00
To 8 weeks’ time at one-half pay. .■ 24.00
Total. $158.00
In Maloney v. Cook, 21 R. I. 471 (44 Atl. 692) the place was described as “the southerly side of Church Street” in Woonsocket. The street was a quarter of a mile long, and the notice was adjudged insufficient, even though it appeared that within the sixty days within which the notice was required to be served plaintiff’s counsel explained to the committee on claims particularly the place where the accident happened, and the city was fully informed thereof, • the court saying that: “If the defect in the notice required by that statute could be cured in this
Because of there being no sufficient notice, the cause of action was barred by the statute of limitations, and a verdict for defendánt should have been directed. — Reversed.