McNaughton v. City of Elkhart

This action was commenced by the appellee against the appellants, to recover the amount of a judgment which it had been compelled to pay to one Lydia Ritter, which judgment she recovered against the corporation for injuries received from a fall into an excavated sidewalk.

The substance of the complaint is that in 1875 the appellants, without permission from the town of Elkhart, unlawfully and wrongfully made an excavation in the sidewalk along the north side of lot No. 16, of the original plat of said town, situated on one of the principal streets, and left said excavation in an unsafe and…