LEDBETTER-JOHNSON COMPANY v. Thacker

Felton, Chief Judge.

The petition alleges in part, that “at the time and place aforesaid the defendant was in complete control and charge of the construction of the said road at the point of the plaintiff’s injuries.” (Emphasis supplied.) According to the allegations of the petition, the plaintiff’s injuries were caused by the collision of the automobile with the dirt barricade, therefore the “point of the plaintiff’s injuries” was at the barricade. Construing the petition most strongly against the plaintiff, as must be done on general demurrer, the allegation that the defendant was in…