Legal Opinion

Sherwood v. City of Sioux Falls

South Dakota Supreme Court

Decided January 11, 1898PublishedCited by 17 opinions

Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Damages for personal injury. Plaintiff recovered a judgment, and defendant appeals. The facts are stated in the opinion. The objection that the complaint does not state facts sufficient to constitute a cause of action, is not waived by a failure to demur. §4913, Comp.

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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Damages for personal injury. Plaintiff recovered a judgment, and defendant appeals. The facts are stated in the opinion. The objection that the complaint does not state facts sufficient to constitute a cause of action, is not waived by a failure to demur. §4913, Comp. Laws; Bliss, Code PL, §413; Graham v. Camman, 5 Duer, 697; Richards v. Edick, 17 Barb. 260; Sterling v. Hanson, 1 Cal. 479; Abbe v. Marr, 14 Id. 210; Choynski v. Cohen, 39 Id. 501. If the complaint was defective, it was the duty of counsel to demur or move to…

1Opinion of the CourtHaney, J.

This is an action to recover for injuries alleged to have been caused by a defective sidewalk. Plaintiff had judgment, and defendant appealed. It is alleged in the complaint: “(1) That the defendant is a municipal corporation duly organized under and by virtue of the laws of this state. (2) That, among other things, it is, by its charter and the laws of the state, made its duty to keep the streets and sidewalks in said city in good order, and at all times to keep the same in a good and secure condition for the purpose of public travel thereon. (3) That a certain street in this city, *407known as…

2Cases cited3 opinions

  1. Johnson v. BurnsideSouth Dakota Supreme Court · 1892
  2. Jenkinson v. City of VermillionSouth Dakota Supreme Court · 1892
  3. Anderson v. AlsethSouth Dakota Supreme Court · 1895

3Cited by17 opinions

  1. Helminski v. Ayerst LaboratoriesCourt of Appeals for the Sixth Circuit · 1985
  2. Helminski v. Ayerst LaboratoriesCourt of Appeals for the Sixth Circuit · 1985
  3. Jordan Ex Rel. Jordan v. DeeryIndiana Supreme Court · 2002
  4. Knapp v. BrettSouth Dakota Supreme Court · 1928
  5. Woodford v. KelleySouth Dakota Supreme Court · 1904

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