43 S.C. 398 | S.C. | 1895
The opinion of the court was delivered by
The sole question presented by this appeal is, whether the Circuit Judge erred in sustaining a demurrer to the complaint, based upon the ground that the facts stated therein are not sufficient to constitute a cause of action. To determine this question, it is necessary first to ascertain what are the facts stated in the complaint. Omitting the merely formal allegations, these facts are substantially stated: 1st. That it is made the duty of defendants to keep the streets of the town “in good order, to cause to be removed therefrom all obstructions of whatever kind, so that persons traveling thereon might pass and repass with safety.” 2d.
The judgment of this court is, that the judgment of the Circuit Court be affirmed.
Cook v. Charlestown, 98 Mass., 80; Bowes v. City of Boston, 155, Id., 345; Farrell v. Oldtown, 69 Me., 72; Spaulding v. Winslow, 79 Id., 528,