Bengivenga v. City of Plainfield

The opinion of the court was delivered by

Wells, J.

This is an appeal from an order made and judgment entered in the Union County Circuit Court striking out the complaint and dismissing the cause of action at law on the ground'that neither of the two counts of said complaint was sufficient in law to maintain an action against the defendant.

The first five paragraphs of both counts are identical and allege in substance that on July 23d, 1938, the plaintiffs intestate, Angelina Rengivenga, was a pedestrian lawfully walking on the sidewalk on the westerly side of Berkman Street in the vicinity of…