City of Crawfordsville v. Smith

— The material facts stated as the cause of action are these: Appellant is a municipal corporation j one of its streets, called College street, runs up to the brink of an excavation twenty-five feet in depth; on each side of this ex*309cavation College street is.graded and gravelled, á'nd is open for travel and is travelled,to a point within a yard of the steep banks of the cut;’that appellant has not constructed abridge over the excavation, nor in any way guarded or protected it, but has negligently suffered it to remain ojten and unguarded; that on the night of the 6th day of March, 1880,…