Johnson v. City of Huntington
West Virginia Supreme Court
Action of trespass on the case by Anna Johnson against the City of Huntington. Demurrer to declaration overruled, and question whether the declaration states a cause of action certified to the Supreme Court from circuit court.
1Opinion of the Court
Lynch, President:
In an action of trespass on the case by Anna Johnson against the City of Huntington, for personal injuries sustained from an alleged defective and unsafe condition of one of its sidewalks, the circuit court overruled a demurrer to the declaration; and the propriety of that ruling has been duly certified to this court for determination, as allowed by §1, ch. 135, Code. Whether or not the pleading states a cause of action is the' sole question presented for consideration.
The declaration, consisting of one count, sufficiently avers the public character of the sidewalk, and the…
2Cases cited7 opinions
- City of Warsaw v. DunlapIndiana Supreme Court · 1887
- Arthur v. City of CharlestonWest Virginia Supreme Court · 1902
- Copeland v. City of SeattleWashington Supreme Court · 1903
- Grant v. City of StillwaterSupreme Court of Minnesota · 1886
- Christman v. MeierhofferMissouri Court of Appeals · 1906
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3Cited by12 opinions
- L-M-S Inc. v. BlackwellTexas Supreme Court · 1950
- Splinter v. City of NampaIdaho Supreme Court · 1953
- Williams v. Main Island Creek Coal Co.West Virginia Supreme Court · 1919
- Woods v. StevensonWest Virginia Supreme Court · 1897
- Baker v. City of WheelingWest Virginia Supreme Court · 1936
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