Beckmann v. Rakoske

Hall, Judge.

This is an assignment of error on the overruling of the general demurrer of the defendant (plaintiff in error) to the petition of plaintiff (defendant in error). The plaintiff alleged that, for the purpose of making repairs, the defendant dug up a brick walkway which she had a right to use and it was necessary for her to use in her occupancy of premises rented from the defendant, and that she was injured because of the defendant’s negligence in leaving the walkway in a dangerous condition and failing to restore it to a safe condition, when the defendant knew or should have known…