McEnaney v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Margaret McEnaney against the city of Butte to recover damages for personal injuries caused by a fall on a sidewalk. Plaintiff had judgment, and from it and an order refusing it a new trial, defendant city appeals. In the complaint, it is said that the ice and snow, formed by reason of said overflow, was a source of danger to pedestrians passing on and over said sidewalk.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Margaret McEnaney against the city of Butte to recover damages for personal injuries caused by a fall on a sidewalk. Plaintiff had judgment, and from it and an order refusing it a new trial, defendant city appeals. In the complaint, it is said that the ice and snow, formed by reason of said overflow, was a source of danger to pedestrians passing on and over said sidewalk. This allegation is clearly a conclusion of the pleader. “An allegation that the sidewalk was dangerous is a mere conclusion.” (Bretsh v. Toledo, 1…
1Opinion of the CourtChief Justice Brantlt
Action for damages for a personal injury which it is alleged the plaintiff suffered by reason of a fall upon a sidewalk on one of the streets of defendant, at a point thereon where there was an accumulation of ice and snow, forming a smooth, slippery and slanting surface. -The plaintiff had a verdict and judgment. The defendant has appealed from the judgment and an order denying its motion for a new trial.
The sufficiency of the complaint was questioned in the court below, both by general demurrer and by objection to the introduction of evidence at the opening of the trial. The action of the…
2Cases cited2 opinions
- Leonard v. City of ButteMontana Supreme Court · 1901
- Townsend v. City of ButteMontana Supreme Court · 1910
3Cited by15 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Martin v. Northern Pacific Ry. Co.Montana Supreme Court · 1915
- Crenshaw v. CrenshawMontana Supreme Court · 1947
- Doran v. United States Building & Loan Ass'nMontana Supreme Court · 1933
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