Peoples v. City of Valparaiso
| Decision Date | 17 December 1912 |
| Docket Number | No. 21,805.,21,805. |
| Citation | 100 N.E. 70,178 Ind. 673 |
| Parties | PEOPLES v. CITY OF VALPARAISO. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Porter County; Harry B. Tuthill, Judge.
Action by Forest Peoples, by next friend, against the City of Valparaiso. From a judgment for defendant on demurrer, plaintiff appeals. Affirmed.
Bozarth & Bozarth, of Valparaiso, for appellant. Wm. Johnston, of Valparaiso, for appellee.
Action by appellant against appellees, city of Valparaiso and another, for personal injuries alleged to have been caused by the appellant stepping on a piece of broken glass which, it is charged, appellees negligently permitted to be and remain on one of the public streets. Complaint in three paragrahs, to each of which a demurrer by the city for insufficient facts was sustained. Appellant refusing to plead further, judgment was rendered in favor of the city for costs. From that judgment, this appeal is prosecuted.
The only error assigned is the action of the lower court in sustaining the demurrer to each paragraph of complaint. In none of the paragraphs is it alleged that notice was given appellee of the occurrence of the accident causing appellant's injury as required by section 8962, Burns' Stat. 1908, but the first paragraph alleges that the notice was not given because of the fact that immediately after the accident, and for 120 days thereafter, appellant was sick and confined to bed and unable to give the notice; that appellant was a minor 10 years of age and incapable of appointing an agent. Appellant's contentions here are: (1) That section 8962, Burns' Stat. 1908, is unconstitutional, being in conflict with section 23, art. 1, of the Constitution of Indiana. (2) That the above statute is a statute of limitations, and, appellant being under the legal disability of minority, the statute does not run against him until the disability is removed. (3) That such an existing state of facts was shown by the complaint as to render it impossible to comply with the statute, and therefore an exception thereto was created.
[1][2] Section 8962, Burns' 1908, does not contravene section 23 of article 1 of the Indiana Constitution. Touhey v. City of Decatur, 175 Ind. 98, 93 N. E. 540, 32 L. R. A. (N. S.) 350. The liability of the city in the first instance was statutory, and section 8962, supra, is simply a limitation on that liability. One seeking the benefit of the statute must show that he is within its provisions, including that requiring...
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Besette v. Enderlin School Dist. No. 22
...Winchester, 299 Ky. 87, 184 S.W.2d 890 (1944); City of Birmingham v. Weston, 233 Ala. 563, 172 So. 643 (1937); Peoples v. City of Valparaiso, 178 Ind. 673, 100 N.E. 70 (1912). Some courts have held to the contrary that minors are excused from compliance with such statutory notice or claim f......
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Cruse v. Board of County Com'rs of Atoka County
...267 Ind. 329, 370 N.E.2d 338, 340 (1977); City of Birmingham v. Weston, 233 Ala. 563, 172 So. 643, 645 (1937); Peoples v. City of Valparaiso, 178 Ind. 673, 100 N.E. 70, 71 (1912) (overruled on other grounds, Aaron v. Tipton, 218 Ind. 227, 32 N.E.2d 88, 90 (1941)).23 Benge v. U.S., 17 F.3d 1......
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Szroka v. Northwestern Bell Telephone Co.
...recognizes no exception. Baker v. Town of Manitou (C. C. A.) 277 F. 232; Morgan v. Des Moines (C. C. A.) 60 F. 208; Peoples v. Valparaiso, 178 Ind. 673, 100 N. E. 70; Madden v. Springfield, 131 Mass. 441; Dechant v. City of Hays, 112 Kan. 729, 212 P. 682; Davidson v. Muskegon, 111 Mich. 454......
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Hurley v. Town of Bingham
... ... AFFIRMED ... Marioncaux, ... King & Schulder, of Salt Lake City, for appellant ... Straup ... & Nibley, of Salt Lake City, for respondent ... supra, is ... sustained by practically all of the authorities cited by ... respondent. Peoples v. Valparaiso, 178 Ind ... 673, 100 N.E. 70; Touhey v. Decatur, 175 ... Ind. 98, 93 N.E. 540, 32 ... ...