Municipal Corporation Cases Annotated; A Collection of All Cases Affecting Municipal Corporations Decided by the Courts of Last Resort in the United States Volume 8
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...or omission; but it must also be shown with reasonable certainty that such acts were the direct or proximate cause of the accident or injury, or the complaint must be held bad on demurrer for want of suflicient facts." See, also, Pennsylvania C0. v. Hensil, 70 Ind. 569, 36 Am. Rep. I88; Pennsylvania Co. v. Gallentine, 77 Ind. 322; Enochs v. Railroad Co., 145 Ind. 635, 44 N. E. 658; 16 Am. Pinnix 1/. City of Durham & Eng. Enc. Law (1st Ed.) 428, 431; 14 Enc. Pl. & Prac. 336. The allegation "that by reason of said street being out of repair as aforesaid, defective, and unsafe, she was thrown violently from her bicycle," is a conclusion of the pleader. The facts stated do not justify the inference made from them. City of Logansport v. La Rose, 99 Ind. 117, 128; School Tp. v. Farlow, 75 Ind. 118, 120; Boyd v. Olvey, 82 Ind. 294, 296, 297; Krug v. Davis, 85 Ind. 309, 311. The second paragraph of the complaint contains all of the averments of the first, with the further allegation that the grade of the street, from its crown to the curbing on each side, was so steep and great as to be dangerous to persons riding bicycles, and that it had been in this state for a considerable time, as the plaintiff and its officers knew, but that the appellee was ignorant of its condition. The fact that the street was dangerous to persons riding bicycles, because of its steep slope or grade from its middle line to the curbing, is probably averred with sufficient certainty; but it does not appear that the bicycle slipped or became unmanageable in consequence of the abruptness of the slope, or that the nature of the grade of the street caused or contributed to the accident. This paragraph, in its description of the accident, is quite as...
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