Strait v. City of Eureka

Citations

• 17 S.D. 326
• 96 N.W. 695
• 1903 S.D. LEXIS 52

Syllabus

<p>1. Where a complaint, claiming damages for injuries sustained on a sidewalk is objected to on the introduction of evidence as not stating a cause of action, the Supreme Court, to sustain it, will indulge every reasonable presumption, and judicially notice that the statute requires incorporated cities to keep their streets in repair.</p> <p>2. The court will entertain an objection at the trial that a pleading does not state facts to constitute a cause of action only when it is incapable of being made good by amendment.</p> <p>3. A complaint in an action againt a city for injuries on a sidewalk, alleging the defective condition of the walk, that the defect was known tc the munincipal officers, and that plaintiff was injured while passing along the walk, without any fault of his, is sufficient as against an objection at the trial that it does not state facts to constitute a cause of action.</p> <p>4. Where an injury sustained by plaintiff never kept him from his place of business, or materially interfered with his usual employment, evidence, in an action to recover for loss of time, as to the damages sustained therefrom, is incompetent.</p> <p>5. Where, in an action against a city for injuries on a defective sidewalk, the evidence fails to show the defendant’s duty to keep the particular place in repair or that its officers knew or might have known of the defect, with which plaintiff was familiar, a motion to direct a verdict for defendant should be granted. *</p>