The principal issue raised by the general demurrer is whether the defendant landowner was negligent in constructing and maintaining on his property, used as a public parking area for doctors’ patients, a curb which is alleged to be six inches high, shaped deceptively and asymmetrically like a quarter section of a circle, extending parallel to and for the length of the building, located between the building and the blacktop parking area, 2% feet from the front porch steps, and painted with a paint of unknown type and unspecified color, so as to make it very slippery.
We are of the opinion that the present petition alleges a cause of action arising out of the defendant’s negligence. Whether or not the plaintiff failed to avoid the consequences of the defendant’s negligence, if any, is also a jury question. Chotas v. J. P. Allen & Co., 113 Ga. App. 731, 734 (149 SE2d 527) and bit.
The court erred in its judgment overruling the special demurrer to Paragraph 7 of the petition. Said paragraph does not allege that the defendant’s notice of the other alleged injury was received prior to the plaintiff’s fall, but merely that it was on an “unknown date, soon after the negligent construction of the curb,” which could have been after her fall.
The court did not err in its judgment overruling the general demurrer to the petition as amended, but erred in overruling the special demurrer thereto.
Judgment affirmed in part; reversed in part.