Carder v. City of Clarksburg

Lively, Judge :

The trial court overruled a demurrer to the declaration and to each count thereof and certified his ruling to this court, which certification was ordered to be docketed and the ruling reviewed, under the latter part of section 1 of chapter 135 of the Code, as amended by the Acts of 1925.

It appears from the declaration that the City of Clarks-burg owned and operated a motor tractor used for work in the construction of its streets, and had left the tractor on Pride Avenue which, at the point of parking, was on an incline. Plaintiff’s intestate, a child of four years, with other…