City of Guthrie v. Finch
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Jno. II. Burford, Trial Judge. STATEMENT OE PACTS. This action was brought in the court below by the defendant in error, Lydia Finch,' against the city of Guthrie to recover damages for alleged personal injuries sustained by her, caused by a fall on a sidewalk which, she alleged was defective.
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Error from the District Court of Logan County; before Jno. II. Burford, Trial Judge. STATEMENT OE PACTS. This action was brought in the court below by the defendant in error, Lydia Finch,' against the city of Guthrie to recover damages for alleged personal injuries sustained by her, caused by a fall on a sidewalk which, she alleged was defective. At the time of the accident complained of the plaintiff was living on North Fifth street in the city of Guthrie, and on the evening of January 2nd, 1901, she, with her husband and sister-in-law were passing over the walk in question between Warner…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
Seven assignments of error are made by the plaintiff, but we think they may all be discussed under two heads.
First. The sufficiency of the petition is questioned. It is sufficient to say as to this, that the defendant answered both the original and amended petitions, and proceeded to trial without making objection thereto by way of motion or demurrer, except to ask for a physical examination by competent physicians of the person of the plaintiff, for the purpose of discovering and determining the extent of her injuries.
It is too late upon the trial of a…
2Cases cited1 opinion
- Munger v. City of MarshalltownSupreme Court of Iowa · 1882
3Cited by13 opinions
- Sulsberger & Sons Co. v. CastleberrySupreme Court of Oklahoma · 1914
- Bellevue Gas & Oil Co. v. CarrSupreme Court of Oklahoma · 1916
- Missouri, O. & G. Ry. Co. v. SmithSupreme Court of Oklahoma · 1916
- Town of Fairfax v. GiraudSupreme Court of Oklahoma · 1913
- City of Woodward v. BowderSupreme Court of Oklahoma · 1916
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