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| Overhouser v. American Cereal Co. et al, 92 NW 74 (1902). Defendant in Cedar Rapids was excavating a cellar, with the work being done by an independent contractor. The contractor scattered dirt and rocks all across the road. A bicyclist riding through hit a stone the size of a goose egg. He lost control, hit a larger stone while trying to regain control, and was thrown from his bicycle. He landed on his back, was knocked out and never regained consciousness. Judgment for defendant, and the plaintiff appealed. Reversed. There was a statute giving municipalities authority to keep streets free of rubbish, and Cedar Rapids had an ordinance prohibiting obstruction of the road. The court found that a stone which would cause a bicyclist to lose control of his vehicle constituted an obstruction. Same case, 105 NW 113 (1905) Judgment for plaintiff, and the defendant appealed. Reversed for error and remanded. The owner of a property cannot be held jointly and severally liable for the failure of an independent contractor to exercise due care. |
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