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WALKER v. CITY OF CEDAR RAPIDS

No. 49968.

103 N.W.2d 727 (1960)

Anthony WALKER, Appellant, v. CITY OF CEDAR RAPIDS, Iowa, Appellee.

Supreme Court of Iowa.

June 14, 1960.

Attorney(s) appearing for the Case

Frederick G. White, Waterloo, for appellant.

David McGuire, City Atty., and William R. Eads, Asst. City Atty., Cedar Rapids, for appellee.

PETERSON, Justice.

On July 18, 1957, City of Cedar Rapids entered into a contract with Hennessy Brothers Construction Company, Inc., for the construction of a sanitary sewer in a section of Cedar Rapids described in the contract. Plaintiff was a workman for the contractor on the construction of the sewer and on August 13, 1957, was working at the bottom of a ditch ten feet deep on Waveland Drive. Dirt had been removed to dig the ditch and was piled on top, in close...

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