Buffington v. County of Atlantic

Jayne, S. C. C.

A motion is made in behalf of the defendant, county of Atlantic, to strike out the complaint filed in the above entitled action in that it fails to allege a cause of action against the defendant. Succinctly stated, the complaint alleges that on December 12th, 1931, the plaintiff Ethel Buffington, was a passenger in an automobile traveling on Weymouth road, a public highway under the control and maintenance of the county of Atlantic, and that it was the duty of the defendant to maintain this road in a reasonably safe condition for public travel and to prevent the presence of…