Dunlap v. Lawless

The opinion of the court was delivered by

Schroeder, J.:

This is an action for damages as a result of injuries sustained by the plaintiff due to alleged defects in a county bridge. The trial court sustained a demurrer to the first amended petition, hereafter referred to as the petition, on the ground that it failed to state a cause of action, and appeal has been duly perfected from such order by the plaintiff.

The sole question is whether the defects alleged in the petition state a cause of action within the meaning of G. S. 1949, 68-301.

The pleading under attack alleged that on October 22,…