Legal Opinion

Town of New Castle v. Grubbs

Indiana Supreme Court

Decided December 18, 1908No. 21,025PublishedCited by 32 opinions

Prom Delaware Circuit Court; Joseph G. Leffler, Judge. Action by Claude Grubbs against the Town of New Castle. Prom a judgment on a verdict for plaintiff for $7,500, defendant appeals.

1Opinion of the CourtGidlett, J.

Action by appellee to recover for personal injuries sustained by him owing to the alleged negligence- of appellant in failing to maintain a barrier between a sidewalk and an adjoining low lot. There was an amended complaint in two paragraphs filed, to each of which paragraphs a demurrer for want of facts was overruled. It is contended that the demurrer should have been sustained for the reasons: (1) That, to constitute a good complaint for want of a barrierj facts must be stated showing a duty to construct the same, and that this must not be left to inference or conjecture; (2) that the…

2Cases cited39 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
  2. Turner v. . City of NewburghNew York Court of Appeals · 1888
  3. City of Delphi v. LoweryIndiana Supreme Court · 1881
  4. Bassett v. City of St. JosephSupreme Court of Missouri · 1873
  5. Davis v. Mercer Lumber Co.Indiana Supreme Court · 1905

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3Cited by32 opinions

  1. Domestic Block Coal Co. v. DeArmeyIndiana Supreme Court · 1913
  2. STALLINGS v. DickIndiana Court of Appeals · 1965
  3. Meadowlark Farms, Inc. v. WarkenIndiana Court of Appeals · 1978
  4. New York Central Railroad Co. v. GladIndiana Supreme Court · 1962
  5. Tippecanoe Loan & Trust Co. v. JesterIndiana Supreme Court · 1913

27 more not listed; retrieve them via the Exa API.

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