Thompson v. Board of County Commissioners

The opinion of the court was delivered by

Thiele, J.:

Plaintiff appeals from the ruling of the trial court sustaining defendant’s demurrer to her petition and its motion for judgment on the pleadings and on her opening statement.

In view of the trial court’s ruling and the arguments presented on this appeal, recitation of the allegations of the petition is limited.

In her petition plaintiff alleged that the highway on which the accident occurred was a county road, and that the county had notice in excess of five days of the defects in the highway because of its performance of roadwork thereon and…