Bakken v. State

This is an action to recover damages for alleged personal injuries. The defendant interposed a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled and defendant appeals. The allegations of the complaint, the sufficiency of which is the sole question here, are as follows:

“(1) That the defendant is a corporation, organized and existing under and by virtue of the Constitution of the state of North Dakota, and the Constitution of the United States, as a municipal corporation; that said defendant, under and by…