Whitacre v. City of Charlotte

The sufficiency of the complaint to state a cause of action against the city of Charlotte is challenged by the demurrer upon the ground that it appears that the foot bridge complained of was not constructed on a street, or on property belonging to the city, and did not immediately connect city streets or public ways, and that consequently in law no duty was’imposed upon the city to inspect, maintain and repair the bridge.

There is no allegation in the complaint that the walkways leading to the bridge were over the property of the city. The public who passed over the walkways leading to the…