Townsend v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Marguerite Townsend against tbe city of Butte. From a judgment in favor of plaintiff, and an order denying a new trial, defendant appeals. The allegation charging the defendant city with negligence is not sufficient to state a cause of action.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Marguerite Townsend against tbe city of Butte. From a judgment in favor of plaintiff, and an order denying a new trial, defendant appeals. The allegation charging the defendant city with negligence is not sufficient to state a cause of action. It fails to state whether the plaintiff fell by reason of the snow on the ice, or by reason of the slipperiness of the ice, or whether it was caused by the ice being slanting or smooth. (See Bretsh v. Toledo, 1 Ohio, 210; Bodah v. Deer'Creek, 99 Wis. 509, 75 N. W. 75;…
1Opinion of the CourtJustice Holloway
This is an action for damages for personal injuries. The plaintiff recovered judgment, and the city has appealed from the judgment and from an order denying it a new trial.
It is first contended that the complaint does not state facts sufficient to constitute a cause of action. In their brief counsel for the city say: “A careful reading of the complaint will disclose the fact that it fails to state whether the plaintiff fell by reason of the snow on the ice, or by reason of the slipperiness *414of the ice, or whether it was caused by the ice being slanting or smooth.” In the district court a…
2Cases cited5 opinions
- Huston v. City of Council BluffsSupreme Court of Iowa · 1897
- State v. CroweMontana Supreme Court · 1909
- Storm v. City of ButteMontana Supreme Court · 1907
- Fearon v. MullinsMontana Supreme Court · 1908
- City of Franklin v. DavenportIndiana Court of Appeals · 1903
3Cited by16 opinions
- Wollan v. LordMontana Supreme Court · 1963
- Butler Manufacturing Co. v. J & L IMPLEMENT CO.Montana Supreme Court · 1975
- State v. NobleMontana Supreme Court · 1963
- Lamb v. PageMontana Supreme Court · 1969
- City of Rome v. PottsCourt of Appeals of Georgia · 1932
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