City of Whiting v. Eagan
City of Whiting v. Eagan
Opinion of the Court
Action by appellee for damages on account of personal injuries alleged to have been sustained by reason of a defective sidewalk in the city of Whiting. A demurrer to the amended complaint was overruled, a general denial
The appellee, Burnadette Egan, a child twelve years of age, was, on the evening of October 31, 1903, passing along a sidewalk.in said city, exercising due care for her safety, when she stepped on a part of the sidewalk which was worn and rotten. It gave way, and permitted her leg to pass through the walk, whereby it was braised and lacerated, and her right hip injured, “hip disease” resulting therefrom, the permanency of which could not be agreed upon by the expert witnesses.
Seven alleged errors are relied upon for a reversal, fifty-three reasons being enumerated as causes-for a new trial. Two assignments go to the sufficiency of the complaint. None of the objections to the complaint are well taken, and it is needless to discuss the legal propositions relied upon, which may indeed be conceded without affecting the sufficiency of the pleading.
Appellant has, attempted to point out error in more than a dozen of the twenty-three instructions given by the court. Some of these objections are immaterial, and at least three of them are founded upon a mistake as to what the instructions, which are set out in full in the brief, actually were. A categorical discussion of the points argued by appellant would extend this opinion beyond reasonable limits, without serving .any good purpose.
There is no reversible error in the record, and the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.