Naccarato v. Village of Priest River

HYATT, Justice.

Respondent sued for personal injuries sustained as the result of an automobile, in which he was riding as a passenger, striking a hole and ditch in the street of appellant Village and thereby colliding with a tree at the side of the street. The court, trying the case without a jury, made findings and entered judgment for plaintiff.

Plaintiff by his complaint alleged (Italics ours) :

“* * * That at a point on said Highway No. 10 where First Street crosses said highway within the Village of Priest River, the said Village of Priest River, through its water system employees, dug a…