Peek v. City of Lamar

This is an action by plaintiff for personal injuries, alleged to have been sustained by him through the negligence of the city of Lamar, in permitting a manhole of a storm sewer in one of its streets to remain for a long time in a defective and dangerous condition.

A general demurrer to the amended complaint was sustained by the trial court. The plaintiff elected to stand upon the amended complaint, and the ruling of the trial court sustaining the demurrer is the only question raised here, and this assignment of error is confined to the allegation as to the time of the service of the written…