Boggs v. City of Augusta

The opinion of the court was delivered by

Parker, C. J.:

This was an action to recover damages for injuries sustained by falling into a drainage ditch and/or flume in a city street. Plaintiff recovered and the defendant appeals.

The pleadings are of no consequence to the issues, hence reference thereto will be limited to allegations of the petition and answer disclosing the respective claims of the parties as to liability. Restricted as indicated the petition alleges:

“That a certain street in said city (Augusta), known as Wiley Street, was and is much traveled and used by the citizens thereof…