Jones v. St. Paul, Minneapolis & Manitoba Railway Co.

Citations

• 16 Wash. 25
• 47 P. 226
• 1896 Wash. LEXIS 4

Syllabus

<p>PLEADING—FAILURE TO STATE CAUSE OF ACTION — WAIVER — PUBLIC NUISANCE — PRIVATE ACTION FOR SPECIAL INJURY.</p> <p>Where a complaint fails to state a cause of action, a demurrer on that ground is not waived by filing an answer, since the objection can be raised at any stage of the case.</p> <p>A complaint in an action for damages by reason of the obstruction of a navigable river, does not state a cause of action, when its only allegation of damage to plaintiff is that, by reason of the obstruction, he was unable to take down the river a steamboat which he was accustomed to run on the river and was compelled to keep it tied up for a period of twelve days, since such injury to him was one common to the entire public.</p>