Mack v. City of Salem
Oregon Supreme Court
Appeal from Marion County. This is an action to recover damages for injuries received by the respondent in consequence of a fall upon a broken and defective sidewalk in the city of Salem. The jury found for the respondent in the sum of four hundred and seventy-five dollars, and he recovered judgment for that amount. There was no allegation in the complaint or evidence tending to prove that the city or its officers had notice of the defect complained of.
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Appeal from Marion County. This is an action to recover damages for injuries received by the respondent in consequence of a fall upon a broken and defective sidewalk in the city of Salem. The jury found for the respondent in the sum of four hundred and seventy-five dollars, and he recovered judgment for that amount. There was no allegation in the complaint or evidence tending to prove that the city or its officers had notice of the defect complained of. The complaint does not state facts sufficient to constitute a cause of action, for the reason that there is no allegation in the complaint…
1Opinion of the Court
By the Court, Prim, C. J.:
It is admitted by the pleadings in this case that it is the duty of the city of Salem, under its charter, to keep in repair, and in a safe condition for travelers, its streets and side and crosswalks.
Despondent having obtained a verdict and judgment in the court below, appellant seeks to reverse said judgment on the ground that the complaint upon which the judgment is based is fatally bad, for the reason that it does not contain a statement of facts sufficient to constitute a cause of action, in this, it contains no allegations that the corpora*278tion or its officers…
2Cases cited5 opinions
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
- Mayor v. SheffieldSupreme Court of the United States · 1867
- Ward v. Town of JeffersonWisconsin Supreme Court · 1869
- Doulon v. City of ClintonSupreme Court of Iowa · 1871
- Rayner v. ClarkNew York Supreme Court · 1850
3Cited by12 opinions
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Eastman v. Clackamas Co.United States Circuit Court · 1887
- Wyatt v. HendersonOregon Supreme Court · 1897
- Whitney Co. v. SmithOregon Supreme Court · 1912
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