Winfield Township ex rel. Patton v. Wise

— This action ivas brought by the appellant against the appellee, before a justice of the peace, to recover for a failure to perform road work, or to pay the commutation therefor. The cause was appealed to the circuit court, -. where it ivas tried by a jury. Verdict and judgment for the defendant.

There was evidence on the trial tending to show that the defendant, from bodily infirmity, was unable to work upon *72the road, and, also, that his property was of less value than $600 ; but there Avas no evidence that he had been exempted from such Avork by the toAvnship trustee.

The court gave the jury…