Waterhouse v. Joseph Schlitz Brewing Co.
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. Julian Bennett, Judge. Action by David Waterhouse against the Joseph Schlitz Brewing Company to recover damages for personal injuries, caused by the falling of a building owned by defendant. From an order overruling a demurrer to the complaint, defendant appeals. The complaint was'demurrable for the reason that it did not allege that defendant had anything to do with the construction of the building.
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Appeal from circuit court, Codington county. Hon. Julian Bennett, Judge. Action by David Waterhouse against the Joseph Schlitz Brewing Company to recover damages for personal injuries, caused by the falling of a building owned by defendant. From an order overruling a demurrer to the complaint, defendant appeals. The complaint was'demurrable for the reason that it did not allege that defendant had anything to do with the construction of the building. The complaint alleging that defendant had owned and. controlled the building for a period of ten years prior to the injury complained of,…
1Opinion of the CourtCorson, J.
This is an action by the plaint iff to recover damages for injuries received by him, caused by the falling of a building owned by the defendant. A demurrer was interposed to the complaint on the ground that the same did not state facts sufficient to constitute a cause of action against the defendant, and also that it appears on the face of the said complaint that there is a defect of parties defendant. The demurer was overruled, and from the order overruling the demurrer defendant appeals.
The following are the material allegations in the complaint necessary to be considered in determining as…
2Cases cited9 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Clifford v. . DamNew York Court of Appeals · 1880
- Congreve v. . SmithNew York Court of Appeals · 1858
- House v. MetcalfSupreme Court of Connecticut · 1858
- Davenport v. . RuckmanNew York Court of Appeals · 1868
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3Cited by8 opinions
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Sand Springs Park v. SchraderSupreme Court of Oklahoma · 1921
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
- Candler v. Automatic Heating Inc.Court of Appeals of Georgia · 1929
- Texas-Louisiana Power Co. v. DanielsCourt of Appeals of Texas · 1933
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