City Council v. Cone

Simmons, Justice.

Cone and his wife sued the city of Augusta for damages from personal injuries. The defendant demurred generally to the declaration, on the ground that it set forth no cause of action. The case comes to this court upon exceptions to the overruling of the demurrer. The declaration alleges, in substance, that on May 4th, 1892, Mrs. Cone, while walking on the sidewalk in a certain street of the city, in the exercise of due care and diligence, was injured without fault on her part, by falling into a hole or trench which on that day had been dug by a licensed plumber employed by…