Carroll v. Allen
Supreme Court of Rhode Island
Trespass on the Case for the negligence of a town in permitting one of its highways to be out of repair.
1Opinion of the CourtTilling-hast, J.
The defendant demurred to the declaration in the Common Pleas Division and the demurrer was sustained by-that court, with leave given, plaintiff to amend. No jury trial having been claimed, the case was thereupon certified to this division, after which the plaintiff filed what he denominates an “ amended declaration,” to which the defendant also demurs.
Treating the so-called “amended declaration” as having-been incorporated into and now forming a part of the original declaration, as the pleader evidently intended it to be treated, we have before us for consideration said original declaration,…
2Cited by9 opinions
- W. T. Watts, Inc. v. SherrerWashington Supreme Court · 1977
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
- Sullivan v. Town of CoventrySupreme Court of Rhode Island · 1998
- Louisville & Nashville Railroad v. Warfield & LeeCourt of Appeals of Georgia · 1909
- City of Waco v. BallardCourt of Appeals of Texas · 1922
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