Legal Opinion

City of Anderson v. Fleming

Indiana Supreme Court

Decided May 22, 1903No. 20,011PublishedCited by 67 opinions

From Superior Court of Madison County; II. C. By an, Judge. Action by Elizabeth Fleming against the city of Anderson. -From a judgment for plaintiff, defendant appeals. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtMosnss, J.

This action was brought by appellee against appellant in March, 1900, to recover damages for personal *598injuries received in October, 1898, by stepping into an excavation in one of the streets of said city. A trial of said cause resulted in a verdict in favor of appellee, and, over a motion for a new trial,' judgment was rendered thereon against appellant.

The errors assigned call in question the action of the court in overruling the demurrer to the complaint, in sustaining appellee’s several demurrers to the second, third, and fourth paragraphs of answer, and' in overruling appellant’s motion…

2Cases cited27 opinions

  1. Robbins v. Chicago CitySupreme Court of the United States · 1867
  2. Chicago City v. RobbinsSupreme Court of the United States · 1863
  3. City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
  4. Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
  5. Water Co. v. WareSupreme Court of the United States · 1873

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3Cited by67 opinions

  1. International Harvester Co. v. SartainCourt of Appeals of Tennessee · 1948
  2. Portland Gold Mining Co. v. Stratton's Independence, Ltd.Court of Appeals for the Eighth Circuit · 1907
  3. Ulmen v. SchwiegerMontana Supreme Court · 1932
  4. Tobin v. McClellanIndiana Supreme Court · 1947
  5. Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920

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