Daniell v. McGuire

1. (a) The court did not err in overruling the general demurrer to the petition. The petition does not show by the facts alleged that as a matter of law the plaintiff by the exercise of ordinary care, could have discovered and avoided the consequences of the defendant’s negligence.(b) While it is not ordinarily the duty of an individual to provide for the safe condition of city streets and to place warning signs therein, the facts alleged state a case against the defendant, in that it is alleged that the defendant unlawfully dug the ditch without the knowledge of the city and caused a…