BURKE v. COLUMBIA LUMBER CO. OF ALASKA

No. 6689-A.

108 F.Supp. 743 (1952)

BURKE v. COLUMBIA LUMBER CO. OF ALASKA.

District Court, Alaska, First Division, Juneau.

December 24, 1952.


Attorney(s) appearing for the Case

Warren C. Christianson, Sitka, Alaska, for plaintiff.

Robert Boochever of Faulkner, Banfield & Boochever, Juneau, Alaska, for defendant.


FOLTA, District Judge.

Plaintiff seeks to recover for injuries alleged to have been sustained from a fall on an icy sidewalk abutting defendant's property in the City of Sitka. Defendant moves to dismiss Count II of the complaint which alleges:

"That in addition to the items of negligence specified in Count I and resulting in the fall and consequent damage above mentioned, the defendant was further negligent in violating Ordinance No. 52 of the Common Council...

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