Anderson v. Reith-Riley Construction Co.

Flanagan, C. J. —

The single question here presented is the correctness of the ruling of the trial court in sustaining a demurrer to appellant’s complaint.

The complaint alleges that on August 26, 1939, appellee owned a lot in Homewood addition in Portage Township, St. Joseph county, which was located at one corner of the intersection of Mayflower road and Ardmore trail. That Mayflower road is constructed over and across Ardmore trail so as to form an overpass, and for a distance of several hundred feet in each direction from the point of the intersection is a viaduct; that the banks thereof…