Legal Opinion

Fritz v. City of Watertown

South Dakota Supreme Court

Decided April 28, 1907PublishedCited by 7 opinions

Appeal from Circuit Court, Codington County. Hon. Gdorgu H. Marquis, Judge. Action by P. M. Fritz against the city of Watertown. From a judgment for plaintiff and from an order denying defendant’s application for a new trial, it appeals.

1Opinion of the CourtHaney, J.

This is an action for personal injuries caused by a defective sidewalk. The appeal is from a judgment in favor of the plaintiff and an order denying defendant’s application for a new ¡trial.

Defendant objected to- the introduction of any -evidence, on the ground that the complaint did not state facts sufficient to constitute a cause of action. It is contended that “the complaint was insufficient, in this: It simply shows that the respondent fell on a certain street and was injured, and that he demanded $4,000 damages. It is insufficient because it does not set forth any facts to show what his…

2Cases cited3 opinions

  1. Bills v. Town of KaukaunaWisconsin Supreme Court · 1896
  2. Schuenke v. Town of Pine RiverWisconsin Supreme Court · 1893
  3. Strait v. City of EurekaSouth Dakota Supreme Court · 1903

3Cited by7 opinions

  1. Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
  2. Hohm v. City of Rapid CitySouth Dakota Supreme Court · 2008
  3. Gurney v. Rapid CitySouth Dakota Supreme Court · 1951
  4. Breedon v. WhiteArizona Supreme Court · 1945
  5. Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954

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