City of Highlands v. Raine
Supreme Court of Colorado
Appeal from the District Qourt of Arapahoe Gounty. This action is brought to recover damages for injuries alleged to have been sustained by the plaintiff from falling upon a defective sidewalk on the south side of Agate avenue, in the city of Highlands.
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Appeal from the District Qourt of Arapahoe Gounty. This action is brought to recover damages for injuries alleged to have been sustained by the plaintiff from falling upon a defective sidewalk on the south side of Agate avenue, in the city of Highlands. The complaint avers that on the evening of February 18, 1893, between the hours of 8 and 9 o’clock, the plaintiff, while walking along upon said sidewalk, by reason of the defective, uneven and sideling condition of the walk, and without any fault or negligence on his part, slipped and fell, striking his knee upon the edge of the walk, thereby…
1Opinion of the CourtJustice Goddard
Numerous errors are assigned, but those that are sufficiently specific to require notice challenge only the rulings of the court below in denying the motion for judgment on the pleadings, motion for nonsuit, and in giving and refusing certain instructions. The ground upon which the motion for judgment upon the pleadings was predicated was the insufficiency of the replication in not designating the count of the answer it was intended to deny. Section 71 of our Code of Civil Procedure provides: “ The replication may be general in terms, denying all new matter set up in the answer.” Section 60…
2Cases cited10 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
- Lowell v. Township of WatertownMichigan Supreme Court · 1885
- Brown v. PeopleSupreme Court of Colorado · 1894
- Town of Poseyville v. LewisIndiana Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Donley v. BaileySupreme Court of Colorado · 1910
- City of Colorado Springs v. PhillipsSupreme Court of Colorado · 1924
- Willson v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1914
- Huguley v. TrolingerSupreme Court of Colorado · 1969
- Garbanati v. City of DurangoSupreme Court of Colorado · 1902
6 more not listed; retrieve them via the Exa API.