Morgan v. City of Logan

Lovins, Judge:

In an action of trespass on the case the Circuit Court of Logan County sustained a demurrer to a special plea and on joint application of the parties certified its ruling to this Court.

Plaintiff’s amended declaration contains two counts. The first count alleges that plaintiff, Tess Morgan, is the owner of Lots Nos. 46, 47, and 48 of Mountain Lake Addition to the City of Logan, and three houses situate thereon; that the lots front on Walnut Street and extend uphill to Cusack Street; that the surface of the lots is very steep, but the topography thereof was smooth and firm with no…