Topping v. Town of St. Lawrence

The circuit court sustained the objection of the defendant to any testimony being taken on the ground that the complaint does not-state facts sufficient to constitute a cause of action. The plaintiff not offering to amend the complaint, the action was dismissed and judgment rendered against the plaintiff for costs. The plaintiff has appealed from the judgment.

The only question, therefore, is as to the sufficiency of the complaint. The complaint, in substance, is that William Topping, deceased, on the 1st day of July, 1891, was very severely injured by reason of the insufficiency and want of…