Stewart v. City Council

The opinion of the Court was delivered by

Mr. Justice Stabler.

This is an appeal from an order of his Honor, Judge Memminger, overruling a demurrer to the complaint. The plaintiff, who was an employee of the City of Charleston, brought this action against .the city for injuries alleged to have been received by him while working at the bottom of an excavation in the roadway of one of the streets of the city, by the caving in of the sides of the excavation upon him.

The complaint states, in part:

“That on or about the 24th day of February, 1924, the plaintiff was in the employ of the defendant as a…