O'Rourke v. City of Sioux Falls
South Dakota Supreme Court
Appeal from circuit court, Minuehaba county. Hon. F. R. Aikejms, Judge. Action by Maggie O’Rourke against the city of Sioux Falls to recover for personal injuries sustained by the firing of a cannon, negligently permitted by the officers of the city. A demurrer to the complaint was sustained, and plaintiff appeals. The demurrer should have been disregarded, because not sufficiently specific. § 114 C. C. Proc.
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Appeal from circuit court, Minuehaba county. Hon. F. R. Aikejms, Judge. Action by Maggie O’Rourke against the city of Sioux Falls to recover for personal injuries sustained by the firing of a cannon, negligently permitted by the officers of the city. A demurrer to the complaint was sustained, and plaintiff appeals. The demurrer should have been disregarded, because not sufficiently specific. § 114 C. C. Proc. Cities and towns are liable for certain classes of negligence which result in injury to individuals. Dillon Mun. Corp., §§ 26, 27, 966; 15 Am. & Eng. Enc. Law, 1143; Barnes v. Dishick,…
1Opinion of the CourtKellam, J.
This is an appeal from an order sustaining a demurrer to appellant’s complaint, on the ground that it “does not state facts sufficient to constitute a cause of action against the defendant.” A preliminary question is presented by the contention of appellant that under Section 4910, Comp. Laws, providing that the demurrer shall be disregarded unless it distinctly specify the grounds of objection, the court should have refused to entertain the demurrer, and, in the language of the statute, should have disregarded it. Appellant contends that even if, generally, that form of demurrer is…
2Cases cited10 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- Greensburgh, Milford, & Hope Turnpike Co. v. SidenerIndiana Supreme Court · 1872
- City of Lafayette v. TimberlakeIndiana Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Conway v. HumbertSouth Dakota Supreme Court · 1966
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
- Oien v. City of Sioux FallsSouth Dakota Supreme Court · 1986
- Bucholz v. City of Sioux FallsSouth Dakota Supreme Court · 1958
- Wilson v. HoganSouth Dakota Supreme Court · 1991
15 more not listed; retrieve them via the Exa API.