Town of South Ottawa v. Foster
Illinois Supreme Court
This was an action on the case, brought in the County Court of La Salle county, by Foster, for the use of Whipple, against the town of South Ottawa, to recover damages for a team and wagon having fallen off of an embankment at the end of the Coval Creek bridge, in said town.
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This was an action on the case, brought in the County Court of La Salle county, by Foster, for the use of Whipple, against the town of South Ottawa, to recover damages for a team and wagon having fallen off of an embankment at the end of the Coval Creek bridge, in said town. The declaration is in the usual form in an action on the case, alleging that it was the duty of the town to keep the embankment in repair, and that, by reason of a neglect of that duty, the team and wagon were precipitated down the embankment and injured, and $300 damages were claimed. The declaration was filed to the…
1Opinion of the CourtBreese, J.
The demurrer filed in this cause was properly overruled, for the declaration stated a good cause of action, and in plain and perspicuous language.
The court, on giving judgment against the demurrer, if the party pleading it did not ask to withdraw it, and plead to issue, could, as it did, give judgment against the defendant for the damages, and cause a jury to be empanneled to assess those damages.
What consequences flow from this ? By not pleading further, the demurrer being to the merits and in bar, admitted the cause of action as stated in the declaration—it admitted all the facts therein…
2Cited by9 opinions
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- White v. County of BondIllinois Supreme Court · 1871
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