Aiken v. City of Columbus
Indiana Supreme Court
From Bartholomew Circuit Court; Marshall Hacker, Judge. Action by Lewis Aiken, as administrator of the estate of John M. Weed, deceased, against the City of Columbus. From a judgment for defendant, plaintiff appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtGillett, J.
By appellant’s complaint in this action appellee was sought to be charged with negligence in the management of its public lighting system, whereby appellant’s intestate was killed, on his own premises, by coming in contact with a live wire, belonging to appellee, which had fallen from its electric light pole in the adjoining street. A demurrer was sustained to the complaint, and from the judgment which followed appellant appeals.
It is contended by counsel for appellee that, as it does not appear that the city made any use of said system other than for the purpose of lighting its streets, it…
2Cases cited29 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- City of Indianapolis v. ScottIndiana Supreme Court · 1880
- Wagner v. PortlandOregon Supreme Court · 1902
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- Hodgins v. Bay CityMichigan Supreme Court · 1909
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