Theulen v. Township of Viola

Ladd, 0. J.

paritytotue dud be sued. The petition alleged that plaintiff’s daughter in riding along the highway in the defendant township, without fault on her part, was thrown from the buggy in which she was riding because of a deep hole or gully in the road. She was seriously in- • ¶ ¶ ■> » « jured, and, having assigned her claim for damages to plaintiff, he prayed for recovery thereof from the township and Bowman, Perrine, and Gilbert, its trustees. *62A demurrer to this petition by the township was rightly sustained, as it is without capacity to sue or be sued. Township of West Bend v. Munch,…