Legal Opinion

Town of New Castle v. Mullen

Indiana Court of Appeals

Decided February 16, 1909No. 6,275PublishedCited by 4 opinions

From Fayette Circuit Court; George L. Gray, Judge. Action by Martha ,T. Mullen against the Town of New Castle. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtRoby, J.

Suit to recover damages on account of personal injuries alleged to have been caused by a defective sidewalk. The complaint is in one paragraph; issue was made by a general denial; trial by jury; verdict and judgment for $500. The assignment of errors is addressed to the action of the court in overruling appellant’s motion for a new trial.

The defect is described in the complaint as follows: ‘ ‘ That prior to August 10, 1904, the sidewalk became out of repair, the bricks had become loose, and had been removed from said sidewalk, thereby causing a hole to be made therein, about four feet long,…

2Cases cited3 opinions

  1. City of Valparaiso v. SchwerdtIndiana Court of Appeals · 1907
  2. City of Bluffton v. McAfeeIndiana Court of Appeals · 1899
  3. City of Indianapolis v. MullallyIndiana Court of Appeals · 1906

3Cited by4 opinions

  1. City of Logansport v. GammillIndiana Court of Appeals · 1957
  2. City of Michigan City v. RudolphIndiana Court of Appeals · 1938
  3. Morrissey v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1915
  4. Town of Mooresville v. SpoonIndiana Court of Appeals · 1918

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