Legal Opinion

Tonn v. City of Helena

Montana Supreme Court

Decided October 22, 1910No. 2,877PublishedCited by 26 opinions

Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Henrietta Tonn against the city of Helena. From a judgment for defendant rendered on 'sustaining a demurrer to the complaint, plaintiff appeals. Section 3289, Revised Codes, is, in effect, a statute of limitation. (Hay v. Baraboo, 127 Wis. 1, 115 Am. St. Rep. 977, 105 N. W. 654, 3 L. R. A., n. s., 84, at 93; Belgea v. Tomahawk Paper etc. Co., 102 Wis. 301, 72 Am.

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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Henrietta Tonn against the city of Helena. From a judgment for defendant rendered on 'sustaining a demurrer to the complaint, plaintiff appeals. Section 3289, Revised Codes, is, in effect, a statute of limitation. (Hay v. Baraboo, 127 Wis. 1, 115 Am. St. Rep. 977, 105 N. W. 654, 3 L. R. A., n. s., 84, at 93; Belgea v. Tomahawk Paper etc. Co., 102 Wis. 301, 72 Am. St. Rep. 878, 78 N. W. 412.) It is likewise in invitum, and for these reasons, unless the cause of action set out in appellant’s complaint falls…

1Opinion of the CourtJustice Holloway

A demurrer to the complaint was sustained, and plaintiff, declining to plead further, suffered judgment to be rendered and entered against her, and has appealed t-o this court.

The action is for damages for personal injuries alleged to have-been sustained by the plaintiff as the result of a fall upon a sidewalk in the city of Helena. It is alleged in the complaint, that, immediately prior to the time of the injury (January 15, 1909), snow and ice had accumulated on the sidewalk in question, and by reason of persons traveling over it, the surface had become rough, ridged, uneven, and dangerous,…

2Cases cited6 opinions

  1. Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
  2. Parker-Washington Co. v. City of Kansas CitySupreme Court of Kansas · 1906
  3. McKellar v. City of DetroitMichigan Supreme Court · 1885
  4. Quong Wing v. KirkendallMontana Supreme Court · 1909
  5. Lewis v. Northern Pacific Ry. Co.Montana Supreme Court · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Lunday Ex Rel. Lunday v. VogelmannSupreme Court of Iowa · 1973
  2. State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
  3. Lowery v. Garfield CountyMontana Supreme Court · 1949
  4. City of Portsmouth v. WeissSupreme Court of Virginia · 1926
  5. Frasch v. City of New UlmSupreme Court of Minnesota · 1915

21 more not listed; retrieve them via the Exa API.

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