McCormack v. Standard Oil Company

The opinion of.the court was delivered by

Magte, J.

The state of the case shows that the plaintiff claimed that he had sustained an injury on the night of November 8th, 1895, by falling from the seat of a truck *244which he was driving through a public highway, and that his fall was occasioned by the wheel of his truck suddenly dropping into an excavation in the highway which was left without guard or light to indicate its danger.

To charge the defendant with liability for his injury it was necessary for plaintiff to establish by proof that the excavation which was the cause of his injury was made…