Smith v. Swann

Mrs. M. D. Smith brought suit against J. T„ Swann for damages for personal injuries. The defendant demurred generally to the petition, the judge sustained the demurrer, and dismissed the case. To this judgment the plaintiff excepted.

The material allegations of the petition necessary to a decision-in this case are as follows: “Defendant maintains and operates-a parking lot on the north side of Edgewood Avenue between Exchange Place and Ivy Street, opposite the Hurt Building, in the-City of Atlanta; that the surface of said lot is of asphalt, stone,, or concrete material, except for broken…