Usletten v. City of Brookings

Defendant demurred to the complaint on the ground that it does not state facts sufficient to. constitute a cause of action, and from an order overruling the demurrer they appeal.

The complaint alleges in substance that defendant Grimm owns a lot on the corner of Hain and Third streets in defendant city, on which he has a brick building, where he carries on a store business; that in the sidewalk on Third street, alongside the building, Grimm has an open cellarway, guarded by an iron railing constructed many years ago, the top rail of which had been broken off about a year before the injury to.…