McMillen v. City of Akron

Citations

• 35 Ohio C.C. Dec. 541
• 29 Ohio C.C. (n.s.) 271

Syllabus

<p>NEGLIGENCE — PLEADING</p> <p>1, Alleging Specific Facts Constituting Prima Facie Negligence without Stating Negligence in Terms Sufficient against Demurrer.</p> <p>Demurrer to a petition, which alleges specific facts constituting a prima facie cause of negligence, does not lie on the ground that the negligence is not alleged in terms.</p> <p>2. Alleging Obstruction in Street Causing Injury to Automobile Sufficient against Demurrer.</p> <p>A petition, alleging in effect that an iron standard, four feet in height, weighing fifty pounds and of the kind sometimes placed near the outer rail of a street car line for the purpose of regulating traffic, was left on a very dark night in a street near an intersection and while plaintiff was driving his automobile slowly along said street he ran into said obstruction and damaged his car for which he asks judgment against the municipality, states a cause of action and the petition is not open to demurrer.</p>