183 Ind. 283 | Ind. | 1915
— This is an appeal from a judgment in favor of appellee in an action for personal injuries caused by a skyrocket striking her in the face while a display of fireworks was being conducted in a public street of the city of Bloomington under the direction of a committee of the labor unions. This is the second appeal of this case. All questions as to the sufficiency of the pleadings were settled on the former appeal and it was held that the evidence shown by the record was sufficient to require the submission of the issues of fact to a jury. Moore v. City of Bloomington (1912), 51 Ind. App. 145, 95 N. E. 374.
On such appeal the first and third paragraphs of complaint were held to be sufficient to show a liability against the city on the ground that the city as shown by the allegations of these paragraphs, had expressly granted a license and authority for the exhibition of fireworks in the streets. To sustain these allegations, appellee, on the second trial, introduced in evidence a record of the proceedings of the city council which is as follows: “ * * * Richard Brown, Edward Owen and William Yoder as committee for the labor day celebration, appeared before the council and asked them to grant the free use of the streets of the city of Bloomington to the labor day organization for their cele
Note. — Reported in 109 N. E. 42. As to the admissibility of parol evidence to aid, vary, or contradict municipal record, see 7 Ann. Cas. 1045; 50 L. R. A. (N. S.) 99. See, also, under (1) 38 Cyc. 1522 ; 28 Cyc. 390; (2) 28 Cyc. 1515; (3) 17 Cyc. 818.