Everett Ex Rel. Everett v. White

Brailsford, Justice.

This is an action to recover damages for personal injuries sustained by a five year old boy when he fell into a hole containing water, debris and other material. This hole had been excavated by the defendant in the course of constructing a house at the site of the accident. The defendant demurred to the complaint for insufficiency of facts to state a cause of action and has appealed from an order of the circuit court overruling the demurrer.

We here summarize the complaint, which must be construed liberally in favor of the pleader 1 and sustained if the facts alleged, and…