Bagwell v. Town of Brevard

The facts alleged, but not the pleader’s legal conclusions, are deemed admitted when the sufficiency of a complaint is tested by a demurrer. Whether the admitted facts constitute negligence is a question of law.

Plaintiff’s allegations describe the alleged defect and her fall as follows: (1) “(T)he said sidewalk was constructed of large concrete sections, approximately six feet square.” (2) “(O)ne of the concrete sections was elevated approximately one inch above the adjacent concrete section.” (3) When plaintiff’s “left foot came to rest along the length of the irregular portion between the…