City of Commerce v. Bradford

The defendant City of Commerce made both written and oral motions in the nature of a general demurrer to dismiss the plaintiff’s petition, which were overruled by the trial court. It will be noted from the statement of facts that the petition alleges that the planks forming the walkway were defective, in that the ends were eaten by rot and rounded off, but they were well and firmly embedded in the soil until about February 1, 1953, when the city, in scraping the gutter and deepening the ditch at that point, removed the walkway and negligently replaced the three planks “not in the same…