Davis v. Harrell Concrete Products, Inc.

Nichols, Presiding Judge.

The petition, while nowhere alleging expressly that the stacking of the cement in irregular and unbalanced stacks, together with the vibration caused by the heavy machinery located immediately adjacent to the cement house, caused the bag of cement to fall from the top of a nearby stack, does allege the acts of negligence relied upon in paragraph 6 of the petition, and paragraph 7 alleges that, because of such want of ordinary care the plaintiff received the injuries complained of.

While on demurrer pleadings must be construed most strongly against the pleader, yet they…