NYERS v. GRUBER

No. 671A107.

275 N.E.2d 863 (1971)

Amerlia NYERS, Plaintiff-Appellant, v. John GRUBER, Sr. and Ann Gruber, d/b/a Gruber's Supermarket, Defendants-Appellees.

Appellate Court of Indiana, Division No. 1.

December 1, 1971.


Attorney(s) appearing for the Case

Joseph O'Meara, Jr., South Bend, for plaintiff-appellant.

James H. Pankow, John R. Obenchain, South Bend, for defendants-appellees.


LOWDERMILK, Judge.

This is an action for damages for personal injuries alleged to have been caused by defendants' negligence in failing to remove, within 24 hours, as required by a South Bend ordinance, snow and ice from the sidewalk in front of defendants-appellees' store.

Plaintiff-appellant does not set out Ordinance 35-5 of the South Bend Municipal Code, but a resume thereof shows that there was a duty imposed upon defendants by the city to remove snow...

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