Colonial Stores Incorporated v. Scholz

(After stating the foregoing facts.) Was the petition subject to the general demurrer? The petition did not allege how long the cardboard and the other foreign substances had been on the floor, nor that they had been there for a sufficient length of time to constitute constructive notice to the defendant of their presence there. Therefore the petition failed to charge that the defendant had constructive notice of the defects on the floor. That being true, did the petition allege that the defendant had actual knowledge of such defects? It did not do so directly, but it did allege that the…