Berry v. City of Helena
Montana Supreme Court
Appeal from. District Court, Lewis and Clarh County; B. Lee Word, Judge. Action by Emma K. Berry against tbe City of Helena. Judgment for defendant, and plaintiff appeals.
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Appeal from. District Court, Lewis and Clarh County; B. Lee Word, Judge. Action by Emma K. Berry against tbe City of Helena. Judgment for defendant, and plaintiff appeals. Respondent contended in the lower court, and cited some cases seemingly supporting his contention, that the fact that the notice of claim for injuries recited that the accident occurred “on or about the twenty-second day of January, 1916,” whereas the proof showed it to have occurred on the 24th of January, 1916, constituted a fatal variance. Among the cases cited in support of that position was that of Ouimette v. City of…
1Opinion of the CourtJustice Holloway
This action was instituted to recover damages for personal injuries alleged to have been suffered by plaintiff as the result of a fall upon an ice-covered sidewalk.
1. The trial court excluded the notice given to the city, and granted a nonsuit. Plaintiff appealed from the judgment entered in favor of the city, and presents the court’s ruling in excluding the notice as the principal ground for a reversal.
*126Section 3289, Revised Codes, provides: “Before any city or town jn this state shall be liable for damages for, or on account of, any injury or loss alleged to have been received or suffered by…
2Cases cited11 opinions
- Hoskins v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
- Leggat v. PalmerMontana Supreme Court · 1909
- McHenry v. City of Kansas CitySupreme Court of Kansas · 1917
- Peck v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Johnson v. City of GlendaleCalifornia Court of Appeal · 1936
- Caron v. Grays Harbor CountyWashington Supreme Court · 1943
- Lazich v. BelangerMontana Supreme Court · 1940
- Kline v. San Francisco Unified School DistrictCalifornia Court of Appeal · 1940
- Jeffers v. Montana Power Co.Montana Supreme Court · 1923
13 more not listed; retrieve them via the Exa API.