City of Washington v. Small

Morris, C.

The appellee sued the appellant to recover damages for an injury caused by a fall on the sidewalk of the city, alleged to have been caused by a defect in the sidewalk. The complaint consisted of three paragraphs. A demurrer was sustained to the first and second paragraphs and overruled to the third. The third paragraph is, in substance, as follows:

The defendant is, and for ten years last past has been, a municipal corporation, incorporated under the general laws of the State of Indiana; on the 27th day of February, 1880, there was, and is, in said city of Washington, a certain…