Cook v. Parrish

Jordan, Judge.

While it is alleged in the petition that the defendant was negligent in striking the sign post, up-ending it, and thereby creating the alleged defective and dangerous condition, the instant cause of action against the defendant is predicated upon his failure to- act either to eliminate the dangerous condition allegedly created by him or to give warning of its presence. Accordingly, the general demurrer presents the question as to whether the defendant, under the facts and circumstances in this case, was under any duty to act in the manner contended. If this defendant was under…