Miller v. City of El Dorado

The opinion of the court was delivered by

Harvey, J.:

This was an action for damages for personal injuries sustained in a motorcycle casualty alleged to have resulted from negligence of defendant in not keeping its street in safe condition for travel. The trial court overruled defendant’s demurrer to plaintiff’s supplemental (amended) petition, and defendant has appealed.

But one point is argued: Was the city under any duty to maintain a reasonably safe street for plaintiff to use the motorcycle he was riding at the time of the casualty? The amended petition, as it pertains to this point, may be…