Motz v. City of Akron

Aaron Motz brought an action in the Summit Common Pleas against the city of Akron and the firm of Hollinger & Davidson, contractors, for the purpose of recovering damages by reason of injuries sustained by him.

The city decided to construct a sewer in one of its streets and by arrangement with Hol1 nger & Davidson, a trench was dug and later rufLled with loose dirt which was then flushed with water and left in a muddy condition without lights or guards. One McGown was driving his horse along said street and said horse fell into the ditch and was unable to ex-trícate itself. Certain firemen of…