City of Fort Wayne v. Duryee

The appellee brought this action against the appellant, to recover damages for injuries alleged to have *621been sustained by him in falling into a ditch or excavation in that part of a street between the sidewalk and the curb.

The cause was tried by a jury, and resulted in a special verdict and judgment for appellee.

The first error assigned in this court is the overruling of the demurrer to the complaint. The only objection made to the complaint is that it does not appear that the appellant had notice or knowledge of the existence of the excavation:

It is averred that the excavation was in…