Ptak v. Kuetemeyer

This case was first brought to this court by the defendant upon an appeal from an order overruling a general demurrer to plaintiff’s complaint. The complaint demurred to, in substance, alleged negligence on the part of the defendant to erect and maintain reasonably safe barriers in and around the ditch and in failing to properly shore up the ditch. It clearly appeared from the complaint that at the time of the accident the infant was precipitated into the ditch by reason of the cave-in. In the opinion of this court, among other things, it was said, in substance, that the complaint raised a…