Touhey v. City of Decatur
Indiana Supreme Court
From Adams Circuit Court; James T. Merryman, Judge. Action by James Touhey against the City of Decatur. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtMonks, J.
Appellant brought this action on August 23, 1909, for injuries sustained on February 19, 1909, by falling through an opening in a sidewalk from which the grate or cover had been removed by a third person. The complaint was in two paragraphs. A demurrer for want of facts was sustained to each paragraph. Judgment was rendered on demurrer against appellant.
At the time of the injury sued for there was in force the following statute: “No action in damages for injuries to person or property resulting from any defect in the condition of any street, alley, highway, or bridge, shall be maintained…
2Cases cited48 opinions
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- State ex rel. Board of Commissioners v. Board of CommissionersIndiana Supreme Court · 1908
- Erford v. City of PeoriaIllinois Supreme Court · 1907
- Indianapolis & Greenfield Rapid Transit Co. v. ForemanIndiana Supreme Court · 1904
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
43 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Galbreath v. City of IndianapolisIndiana Supreme Court · 1970
- Sherfey v. City of BrazilIndiana Supreme Court · 1938
- Brown v. Board of TrusteesNew York Court of Appeals · 1952
- State Ex Rel. Ayer v. EwingIndiana Supreme Court · 1952
- Thompson v. City of AuroraIndiana Supreme Court · 1975
54 more not listed; retrieve them via the Exa API.