Town of Nappanee v. Ruckman

The appellee sued the appellant and recovered a judgment for an injury sustained by a defective sidewalk on one of appellant’s streets.

The court overruled a demurrer to the complaint.

Among the alleged infirmities of the complaint is the indefiniteness of the averments as to the location and de*363scription of the alleged defective place in the walk, and the exact whereabouts of the appellee, whether on or off the said walk, at the time of the occurrence of the injury. It is urged that the allegation that appellee was walking “along the sidewalk” is not equivalent to a statement that she was “on…