Smith v. Clemmons

Demurrer to count 1 of appellee’s complaint, taking the point that it failed to sufficiently apprise defendant of the place whpre the wrong and injury complained of occurred; that is failed to allege that it occurred in a public road, was overruled without error. More specifically, as the argument goes, the point is that the count failed to show that at the place of the occurrence in question defendant was under duty not to run over, against, or into plaintiff’s mare, because the “Bridge road,” for aught appearing may not have been a public road or highway. A road is a place where one may…