Acton Manufacturing Co. v. George M. Myers, Inc.

The opinion of the court was delivered by

Robb, J.:

This is an appeal from an order of the trial court overruling defendant’s demurrer to plaintiff’s second amended petition and from previous orders overruling defendant’s motions to make definite and certain or to strike which were directed against plaintiff’s petition and amended petition.

The petition substantially alleged that on March 27, 1955, defendant commenced certain construction and maintenance work on the street, curbing and sidewalk immediately adjacent to plaintiff’s three story building located in Arkansas City. Defendant owed…