VanMiddlesworth v. Hill

Mr. Presiding Justice Puterbaugh

delivered the opinion of the court.

This is an action in case against the commissioners of highways of Farmington township, Fulton county, to recover damages for injuries received by the plaintiff while driving a traction engine over a bridge across Copperas creek in said township, which bridge constituted a part of the public highway. A demurrer was sustained to the declaration and the plaintiff elected to abide thereby, whereupon the court entered judgment against him in bar of action and for costs.

The declaration charges, in substance, that it was the duty of…