58 Ind. App. 480 | Ind. Ct. App. | 1915
This is an appeal from a judgment in damages for $500, obtained by appellee against appellant for per
The errors, properly assigned, presented and relied on for reversal are: the overruling of appellant’s motion to make the complaint more specific; the overruling of appellant’s demurrer to the amended complaint; the complaint does not state facts sufficient to constitute a cause of action; overruling appellant’s motion to strike out parts of the amended complaint; overruling appellant’s motion for a new trial; overruling appellant’s motion for judgment on the answers to interrogatories notwithstanding the general verdict.
The complaint, is long and sets out many collateral matters in detail. Its material averments pertinent to the questions raised by this appeal are as follows: Appellant is a municipal corporation. On November 1, 1910, and for more than two months prior thereto it carelessly and negligently permitted and allowed a hole about' four inches deep, fourteen inches wide and two feet long, to-remain in one of its streets known as South Seventh Street and near Wabash Avenue, and negligently and carelessly failed to guard, protect or cover the hole. Appellee, while transferring from one city car to another at such point and while using the street, was seriously injured. The averments which show the manner in which she received such injuries are as follows: “That on said 1st day of November, 1910, at the time plaintiff received her injuries, as hereinafter alleged, and during all of said day, it had been raining in the city of Terre Haute and the said hole which said defendant carelessly and negligently permitted and allowed to be and remain in said street, as aforesaid, as a result of said rain, at the time plaintiff received her injuries as hereinafter alleged, was full of water, and * * * it was nighttime, and very dark. That when said passenger ear stopped on said South Seventh Street at said point, at and near said Wabash Avenue, as aforesaid, plaintiff got
Judgment affirmed.
Note.—Reported in 108 N. E. 392. As to liability of municipal corporation for defect in, or want of repair of streets, see 103 Am. St. 257; 108 Am. St. 136. See, also, under (1) 3 Cyc. 387; (2) 28 Cyc. 1469; (3, 4) 28 Cyc. 1465; (5) 31 Cyc. 82; (6) 38 Cyc. 1809; (7) 28 Cyc. 1523; (8) 28 Cyc. 1358; (9; 10) 28 Cyc. 1525; 38 Cyc. 1927.