Walton v. Noel Co.

The opinion of the court was delivered by

Smith, J.:

This was an action for damages alleged to have been sustained when plaintiff stepped into a hole in a sidewalk alleged to have been dug therein by agents of defendant, and left unguarded. Defendant’s demurrer to plaintiff’s petition was overruled and it has appealed.

The petition alleged that defendant was engaged in building a conduit beneath the level of a sidewalk and removed the sidewalk and dirt so that a hole existed for the width of the sidewalk, about two feet wide and five feet deep. The petition then contained an allegation, as…