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PIPPENGER v. CITY OF MISHAWAKA

No. 17,881.

119 Ind. App. 397 (1949)

88 N.E.2d 168

PIPPENGER ET AL. v. CITY OF MISHAWAKA ET AL.

Court of Appeals of Indiana.

Filed October 25, 1949.

Attorney(s) appearing for the Case

Charles Davis, of Mishawaka, for appellants.

Vernon J. Freed, attorney for City of Mishawaka; and G.A. Farabaugh, and L.C. Chapleau; and Farabaugh, Pettengill, Chapleau & Roper (of counsel), all of South Bend, attorneys for New York Central Railroad Company.

CRUMPACKER, J.

The trial court sustained a demurrer to the appellants' complaint and upon their refusal to plead over entered judgment against them. Alleged error in such ruling presents the only question involved in this appeal.

The complaint alleges in substance that the appellants are residents and taxpayers of the city of Mishawaka, Indiana, and as such have the right to and do use the public streets of said city. That on the 4th day of December, 1944...

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