Ballinger v. City of Harlan

Opinion of the Court by

Judge Tilford

Affirming.

The court sustained appellee’s special and general demurrers to appellant’s petition seeking damages for personal injuries, and dismissed it. This appeal is from that judgment.

The injuries were sustained by appellant on December 27, 1941, as a result of having stepped into a hole in a sidewalk, and a suit against the city setting forth those facts was filed on January 28, 1942. Summons was served by the sheriff on the mayor on January 29, 1942. On March 27, 1942, pursuant to a motion of the city to require him to make his petition more specific,…