Madison Township v. Scott

The opinion of the court was delivered by

Schoonover, J.:

Augustine Scott brought this action against the township of Madison, in Greenwood county, to recover damages for the death of her husband, Jacob S. Scott. In her petition, Mrs. Scott alleged :

“That on or about the 1st day of July, 1893, said Jacob S. Scott, while traveling upon the public highway, the same being the public ^road running east and west in said township of Madison, and the same being open and usually and ordinarily traveled by the public as a public highway, . . . while returning from the city of Madison to his home with a…