Liesman v. Brookville

OPINION

By HORNBECK, PJ.

This is an appeal from a judgment entered on behalf of defendant after the court had sustained a general demurrer to the second amended petition of plaintiff and she had elected to plead no further.

Plaintiff avers that the defendant is liable in damages for injuries, resulting in the death of plaintiff’s decedent, for the creation and maintenance of a nuisance along the northern edge of a trench alongside a sewer which was and had been under construction by the defendant in an alley back of the premises of plaintiff.

The court sustained the demurrer upon the theory that…