Ward v. City of Norton

The opinion of the court was delivered by ■

Smith, J.:

The appellant brought this action against the city of Norton to recover damages which he had sustained by having his arm caught in the gearing connected with a gasoline engine which hé, as an employee of the city, was using to pump water to the city waterworks. A demurrer was filed to his petition and sustained by the court. To reverse this ruling this appeal is brought.

It is conceded by the appellee that the petition states facts sufficient to constitute a cause of action in all respects but one, viz.: that the petition does not state…