Olson v. City of Butte

delivered tbe opinion of tbe court.

This action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff by falling into a bole in tbe sidewalk of one of the streets of tbe defendant.

Tbe complaint alleges that during tbe year 1924 and for several years prior thereto, Magill-Nevin Plumbing & Heating Company bad, under and by permission of defendant, maintained, in connection with its business, an opening, passageway and hole in and under tbe public sidewalk on North Main Street; that tbe bole when not in use was usually covered with iron doors, but when…