Legal Opinion

City of Lafayette v. Clark

Indiana Court of Appeals

Decided November 2, 1921No. 10,863PublishedCited by 5 opinions

From Carroll Circuit Court; Benjamin F. Carr, Judge. Action by Catherine Clark, administratrix of the estate of Clifford Clark, deceased, against the city of Lafayette. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtBatman, J.

This is an action by appellee to recover the damages sustained by the next of kin of Clifford Clark, whose death, it is alleged, was caused by the following acts of negligence on the part of appellant: (1) In constructing and maintaining at the intersection of two of its streets a dangerous obstruction, consisting of a gutter and catch-basin, depressed seven or eight inches below the surface of said streets, and certain stone slabs set in connection therewith, which extended out into said streets a distance of three feet, and seven or eight inches above the grade thereof; (2) in permitting a *567l…

2Cases cited21 opinions

  1. City of North Vernon v. VoeglerIndiana Supreme Court · 1885
  2. City of Teree Haute v. HudnutIndiana Supreme Court · 1887
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
  4. Board of Commissioners v. AllmanIndiana Supreme Court · 1895
  5. Indiana, Bloomington & Western Railway Co. v. DaileyIndiana Supreme Court · 1887

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3Cited by5 opinions

  1. Colorado Fuel & Iron Corp. v. FrihaufWyoming Supreme Court · 1943
  2. Yarnell v. Marshall School District No. 343Washington Supreme Court · 1943
  3. Phillips v. KlepferIndiana Supreme Court · 1940
  4. Hudson v. City of Terre HauteIndiana Court of Appeals · 1929
  5. Liberty Canning Co. v. Lippencott Co.Indiana Court of Appeals · 1922

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