Houston v. Town of Waverly

Action on the case by the appellant against appellees for personal injury alleged to have resulted in consequenc.e of a defect in a sidewalk in the town of Waverly.

The trial court sustained the defendants’ demurrers to the first and second counts of the complaint, and appellant here insists that in this ruling the court committed error.

Th,e averments of the first count as to the location and character of the defect are “that plaintiff was walking along the sidewalk on the North side of the Town of Waverly, in the Town of Waverly, Alabama, along which the public was accustomed to pass, and…