City of Fort Wayne v. Coombs
Indiana Supreme Court
From the Allen Superior Court.
1Opinion of the CourtElliott, J.
There are two paragraphs in the appellees complaint, both seeking a recovery for injuries caused by a defective sewer. The difference-in the paragraphs is that one alleges negligence in constructing the sewer, and the other alleges negligence in maintaining it. We shall not notice all of the objections to the complaint discussed by counsel, for we find upon an examination of the record that many of them are based upon a mistake as to its allegations.
We concur with counsel that where negligence is the issjae the plaintiff must show that he was free from contributory fault, and that this is so…
2Cases cited65 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Goodwin v. StateIndiana Supreme Court · 1883
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
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3Cited by86 opinions
- Isenhour v. StateIndiana Supreme Court · 1901
- Wedmore v. StateIndiana Supreme Court · 1957
- Louisville, New Albany & Chicago Railway Co. v. WrightIndiana Supreme Court · 1888
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
- People v. HinkleCalifornia Court of Appeal · 1923
81 more not listed; retrieve them via the Exa API.