Usletten v. City of Brookings

This action was brought for the recovery of damages for injuries suffered by plaintiff when he fell into an opening in the sidewalk on one of the streets in the city of Brookings. The case was once here on an appeal from an order overruling defendants’ demurrer to plaintiff’s complaint, and is reported in 53 S. D. 644, 222 N. W. 268. Reference is made to' that report for a statement of the facts involved. Defendants answered, and, in addition to the contention they made in support of their demurrer, claimed that, in stopping on the sidewalk and leaning against the railing around the said…