O'Donnell v. City of Butte

This action was brought by Mary O’Donnell and certain’ minors, by Mary O’Donnell, their guardian, to recover damages-*98for injuries to real estate, caused by a change of grade in the street upon which the plaintiffs’ property abuts. The answer admits the corporate existence of the city, the plaintiffs’ ownership of the land, and “denies generally each and every allegation contained in plaintiffs’ complaint not herein specifically admitted or denied.” This was followed by an affirmative defense. Upon the trial plaintiffs failed to introduce any evidence of the appointment of Mary O’Donnell as…