Kosters v. National Bank of Auburn

This is an action brought by the plaintiff to recover damages she claims to have sustained by reason of falling on a sidewalk in the city of Auburn, where it is alleged there was an unusual accumulation of ice and snow which the defendant had negligently permitted to form and remain on the sidewalk in front of its premises.

The defendant demurs to the complaint on two grounds:

First. That there is a defect of parties defendant in that the city of Auburn is not made a party defendant.

Second. That the complaint does not state facts sufficient to constitute a cause of action.

The complaint, among…