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Lubin v. Iowa City

Iowa Supreme Court

131 N.W.2d 765 (1964)

Facts

Jack Lubin (plaintiff) sustained property damage when an underground water main owned by Iowa City (defendant) broke. Lubin brought suit against Iowa City on theories of strict liability, res ipsa loquitur, and negligence. However, the trial court did not submit the issue of strict liability to the jury. The jury returned a verdict for Iowa City, but the trial court found this result inadequate for purposes of justice. The trial court granted a motion for a new trial and invited the Iowa Supreme Court to consider the issue of strict liability.

Rule of Law

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Issue

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Holding and Reasoning (Stuart, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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