Mobley v. Carter County

Opinion by

Judge Lewis :

This is an action by appellant to recover of appellee, Carter county, damages for an injury to his person that resulted from *486falling into the vault of a privy owned and kept by the county for the use of the public, and which he alleges in his petition was negligently permitted to become so unsafe that when he entered it the floor, being rather rotten, gave way'' and he without fault or negligence on-his part was precipitated into the vault and greatly' damaged thereby'. A general demurrer to the petition having been sustained by the lower court, this appeal is…