Town of Union v. Durkes

The opinion of the court was delivered by

Beasley, Chief Justice.

Interpreting this evidence most favorably to the plaintiff, there is found to be a not very stable foundation for an action at law.

The defendant, the town of Union, opened a street over a hill within the corporate limits ; and, at the apex of this elevation, with the purpose of accommodating the grade to the plane of the land above, was obliged to make an excavation of considerable depth. Over the top of this hill this new street was continued, and transverse streets, properly graduated, were opened into it; the consequence was…