Hebert v. Badon

COOLEY, Judge ad hoc.

Plaintiff sues to recover damages for injuries alleged 'to have been received when her foot was caught in a sidewalk hole at Covington, La. The lower court dismissed her suit upon an exception of no cause of action, and she has appealed.

In article 2 of her petition plaintiff alleges that the concrete sidewalk was the property of the defendants. • It therefore becomes necessary to decide whether this allegation as to ownership is a statement of fact or a conclusion of law based upon the further allegation that the defendants owned the abutting property.

Of course, if this…