Reilly v. City of Butte

MR. COMMISSIONER FORD

prepared the opinion for the court.

This action was brought by the plaintiff to recover damages for personal injuries alleged to have been caused by a fall upon the sidewalk of one of the streets of the defendant, at a point thereon where there was an accumulation of ice and snow forming a rough, rounded, rigid, uneven, slippery and slanting surface. The plaintiff had a verdict and judgment and the defendant has appealed from the judgment and order denying its motion for a new trial.

The sufficiency of the complaint is attacked for the first time in this court, but the…