McCaull v. Bruner
Supreme Court of Iowa
Appeal from Decatur District Court. — Hon. H. M. Towner, Judge. This is an action at law to recover damages for a personal injury, which it is alleged the plaintiff received by reason of the '.negligence of the defendants. sThe defendant William Bruner filed a demurrer to the petition. The demurrer was sustained, and judgment was rendered in favor of William Bruner for costs. Plaintiff appeals.
1Opinion of the CourtRothbock, J.
I. As the cause was determined upon a demurrer, it is necessary to set out the averments of the petition. The petition states the alleged cause of action without unnecessary elaboration, and we will here insert all of it, except that part pertaining to the damages claimed. It is as follows: “Defendant Perry Bruner is a minor, about twenty years old, and the defendant William Bruner is the father of said Perry Bruner. That the plaintiff is a small boy, only ten years old. That in the month of March, 1892, and before plaintiff was nine years old, the defendants negligently permitted him to go…
2Cases cited1 opinion
- Rusch v. City of DavenportSupreme Court of Iowa · 1858
3Cited by2 opinions
- Stokes v. City of Sac CitySupreme Court of Iowa · 1911
- Schalk v. SmithSupreme Court of Iowa · 1938