Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 83

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 83

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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. 1883 edition. Excerpt: ...ever since. The objection to these paragraphs is, that they do not sufficiently show that appellant was without fault, and was not guilty of contributory negligence. It has been repeatedly held by this court that a complaint for damages on account of injuries resulting from the negligence of others, in order to be good, must show by direct averments, or by the facts stated, that the plaintiff was without fault and not guilty of contributory negligence; and if the complaint contains the' direct averments, but the facts stated still show that the plaintiff was in fault and guilty of contributory negligence, a demurrer will be sustained to the complaint; or, if the complaint does not contain the direct averments, and the facts stated do not show that the plaintiff was without fault, and not guilty of contributory negligence, Wilson v. The Trafalgar and Brown County Gravel Road Company. it will also be held bad on demurrer. Pennsylvania Company v. Gallentine, 77 Ind. 322; Riest v. Ulty of Goshen, 42 Ind. 339; Town of Salem v. Geller, 76 Ind. 291. These paragraphs of the complaint contain the averments that the plaintiff used great care in driving his team upon this part of the road, and that the accident occurred without his fault, and wholly by the negligence of the defendant. But it is insisted by appellant that the plaintiff must have known and could see the danger of driving upon that part of the road, and that it was therefore negligence in attempting to drive upon it. In the case of City of Huntington v. Breen, 77 Ind. 29, this court held that "if the plaintiff had notice of the dangerous character of the sidewalk where she was hurt, before and at the time she entered upon it, she would have been required to exercise more...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236764234
  • 9781236764232