City of Columbus v. Goodnow

• Decision Date: 10 October 1929
• Docket Number: No. 13438.,13438.
• Citation: City of Columbus v. Goodnow, 91 Ind.App. 6, 168 N.E. 191 (Ind. App. 1929)
• Parties: CITY OF COLUMBUS v. GOODNOW.
• Court: Indiana Appellate Court

91 Ind.App. 6

168 N.E. 191

CITY OF COLUMBUS

v.GOODNOW.

No. 13438.

Appellate Court of Indiana.

Oct. 10, 1929.

Appeal from Bartholomew Circuit Court; Julian Sharpnack, Judge.

Action by Stella Goodnow, administratrix of the estate of James L. Goodnow, against the City of Columbus. Judgment for plaintiff, and defendant appeals. Affirmed.

Baker & Richman and Wm. H. Everroad, all of Columbus, for appellant.

Tremain & Turner, of Greensburg, and Rynerson, Bryer & Shinn, of Columbus, for appellee.

NICHOLS, J.

Action by appellee for damages sustained because of the death of her husband, James L. Goodnow, alleged to have been due to the negligence of appellant. The complaint is in one paragraph, to which appellant answered by general denial. Trial by jury, which resulted in a verdict for appellee, assessing her damages at $2,500, on which judgment was rendered. The error relied on for reversal is the court's action in overruling appellant's motion for a new trial, under which is presented that the verdict is not sustained by sufficient evidence, that it is contrary to law, and that the court erred in instructing the jury.

It is averred in the complaint that appellee's decedent died June 30, 1927, as the result of injuries sustained the same day on the west side of Washington street, near the intersection of Sixteenth street, in the city of Columbus, Ind.; that Washington street was a main traveled street at the time of the accident, and the official detour of state road No. 31, and that the track of the Interstate Public Service Company ran in the center thereof; that five or ten days prior to June 30, 1927, appellant city, by and through its officers, agents, and employees, negligently deposited a pile of sand, consisting of from 1 1/2 to 3 yards, in the traveled and paved portion, on the west side of said street, in a dangerous position, from 5 to 15 feet south of the south curb line of Sixteenth street when extended into said Washington street; that said Washington street was a public highway and a street within the corporate limits of appellant city, and as such the city was under a duty to the public to keep it free from defects and obstructions; that none of the sand was to be or was used in the repair of Washington street, and that appellant, in the exercise of ordinary care, could and should have deposited the sand on another nearby side street or alley, of which there were several available for said purpose, and not on the main traveled portion of Washington street, which was then in use as the main state highway between Indianapolis and Louisville, and occupied by railroad tracks,...