Serrot v. Omaha City

U.S. Circuit Court for the District of Nebraska

Serrot v. Omaha City

21 F. Cas. 1089, 1 Dill. 313

CourtU.S. Circuit Court for the District of Nebraska

DecidedJuly 1, 1871

StatusPublished

This text of 21 F. Cas. 1089 (Serrot v. Omaha City) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Serrot v. Omaha City, 21 F. Cas. 1089, 1 Dill. 313 (circtdne 1871).

Pincite

Opinion

DILLON, Circuit Judge.

The petition is sufficient, as against the objection urged on the demurrer. The ground of the action is the negligence of the city. Considering the nature of the street, the character of the excavation. which could not be suddenly made, and the express allegation of carelessness, the petition alleges facts showing a prima facie liability on the part of the defendant. In what cases, in an action of this kind, knowledge by the defendant, of the defect, is essential to liability therefor, we need not discuss. Demurrer overruled.

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DILLON, Circuit Judge.

The petition is sufficient, as against the objection urged on the demurrer. The ground of the action is the negligence of the city. Considering the nature of the street, the character of the excavation. which could not be suddenly made, and the express allegation of carelessness, the petition alleges facts showing a prima facie liability on the part of the defendant. In what cases, in an action of this kind, knowledge by the defendant, of the defect, is essential to liability therefor, we need not discuss. Demurrer overruled.

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Bluebook (online)

21 F. Cas. 1089, 1 Dill. 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serrot-v-omaha-city-circtdne-1871.