City of Decatur v. Gilliam

There is no apt ground of demurrer to the complaint whereby its sufficiency is tested for the failure to allege that the defect referred to in it constituted a dangerous or unsafe condition. If we assume that the complaint should either allege or show by the facts alleged that the defect was dangerous or unsafe (43 Corpus Juris, 1226), a ground of the demurrer should be directed to that contention. The court instructed the jury that the defect must be such a condition as that it was not reasonably safe for travel; so that defendant did not sustain injury in this respect had the demurrer been…