Sanders

Appellant Orval Sanders’ complaint was demurred to. The appeal is from a judgment dismissing the action against defendant county following the sustaining of a demurrer without leave to amend the counts against said county. We are not concerned on this appeal with the liability of the remaining defendants who are alleged to be agents of the county.

The complaint against the county (preceded by a claim duly filed) is upon two theories (both expressed in one count). First it is alleged that on January 5, 1965, while plaintiff was an inmate in defendant county’s jail he received an eye injury when he raised up in bed and was struck by a metal towel rack attached to the bed. This is alleged to have been a dangerous and defective condition of which defendant county had both constructive and actual knowledge but of which it negligently failed to give warning. Secondly, it is alleged that other named defendants, jailers acting within the scope and course of their employment, negligently failed to summon medical care for eight days after the accident although they had knowledge of plaintiff’s need for such medical care. Because we deem the second aspect of the complaint to have merit, we…