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PIETZ v. CITY OF OSKALOOSA

No. 49486.

92 N.W.2d 577 (1958)

Ronald L. PIETZ, by his next friend, Colus Arlene Pietz, Plaintiff-Appellant, v. CITY OF OSKALOOSA, Mahaska County, Iowa, an Incorporated Municipality; Charies G. Brown, as Mayor of the City of Oskaloosa, Iowa; The City Council of the City of Oskaloosa, Iowa; Charles C. Whitaker, Robert Watson, Charles L. Walling, Daws W. Barr, Rex M. Johnston, A. Van Hulzen and Dale Pace, as Councilmen of the City of Oskaloosa, Iowa; Oskaloosa Park Commission, Glenn Upton, Chairman, Roy Coe, Secretary, and Harry Roenspiess, as members of Commission, Defendants-Appellees.

Supreme Court of Iowa.

Rehearing Denied December 19, 1958.

Attorney(s) appearing for the Case

F. M. Beatty, Sigourney, Life & Davis, Oskaloosa, for appellant.

Hugh Ben McCoy, L. R. Carson, Oskaloosa, for appellees.

HAYS, Justice.

In the center of the public square in Oskaloosa, Iowa, is a public park owned and, through a Park Commission, maintained by the City of Oskaloosa. Within this park are trees, shrubs, etc., such as are ordinarily found therein. Along the border thereof, which abuts upon a public street, the city has placed parking meters at regularly marked intervals for use of the general public.

On April 3, 1956, plaintiff, a minor, while seated in a car, thus...

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