Gardner v. City of Covington

McMahan, C. J. —

Action by appellant for damages caused by the alleged negligence of appellee in failing to keep a public street therein in repair. Appellee answered in two paragraphs, the first of which was later withdrawn. A demurrer to the second was overruled. Appellant excepted and refusing to plead further, judgment was rendered that he take nothing; hence this appeal.

The complaint alleged that in the latter part of April or the first part of May, 1924, a washout occurred in the traveled portion of a certain street in said city; that the city had knowledge thereof for several days, but…