Shepherd v. City of Chattanooga

■ Plaintiff’s declaration was held not to state a right or cause of action against the city, on demurrer, and he has appealed in error.

The suit is for damages for personal injuries. Plaintiff avers that, while working on a city street, repairing a curb or surface drain, under the control and orders of the city, he was struck and injured by a piece of metal flying from a sledge hammer which was being used by another employee of the city engaged in the same or similar work; that this hammer was old and worn, was defective and dangerous to use, and was so known to be by the city. The furnishing…