Everly v. Adams

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for personal injuries inflicted upon the plaintiff by a vicious cow which the officers of the city knowingly permitted to run at large contrary to the provisions of an ordinance of the city. The city interposed a demurrer to the petition, which was sustained, and the plaintiff appeals.

The fact that the city had passed an ordinance prohibiting cattle, including milk cows, from running at large within the corporate limits, and providing a penalty for its violation, was duly pleaded, and it was alleged that it was…