Lowell v. Township of Watertown

This action was brought to recover damages which plaintiff suffered by reason of a defect in a public highway which it was the duty of defendant to keep in repair.

It is conceded that the highway was defective, and that the defendant was negligent in not having repaired tjm same, and that plaintiff was injured by reason of such defect, *569and the only question raised in the record is whether the testimony of plaintiff himself did not show that he was guilty of such contributory negligence as should preclude him from recovering.

This testimony showed that the accident happened on a dark and misty…