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SUMPTER v. CITY OF MOULTON

No. 92-1861.

519 N.W.2d 427 (1994)

Robert P. SUMPTER, Appellant, v. CITY OF MOULTON, Appellee.

Court of Appeals of Iowa.

July 11, 1994.

Attorney(s) appearing for the Case

John A. Pabst of Clements, Pabst, Hansen & Maughan, Albia, for appellant.

Lloyd E. Keith of Keith, Orsborn, Bauerle, Milani & Neary, Ottumwa, for appellee.

Considered by DONIELSON, C.J., and HABHAB and CADY, JJ., but decided by DONIELSON, C.J., and HAYDEN, SACKETT, HABHAB, CADY, and HUITINK, JJ.

CADY, Judge.

This is a negligence action brought by Robert Sumpter against the city of Moulton after Sumpter suffered a heart attack while cleaning the public ditches near his home. Sumpter claimed the city was negligent in failing to keep the ditches open, and this omission caused his injury.

The important facts began on Friday, June 22, 1990, when the city sent Sumpter an abatement notice giving him fifteen days...

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