Town of Spiceland v. Alier

Action by the appellee against the appellant to recover damages for injuries alleged to have been received by reason of a defective sidewalk. The complaint was in two paragraphs, to each of which appellant’s demurrer for want of facts was overruled. Upon the issue made by the general denial there was a trial by jury, verdict and j udgment for the appeellee.

Judge Dillon, in his work on Municipal Corporations, vol. 2, section 1024, says: “ Where the duty to keep its streets in safe condition rests upon the corporation, it is liable for in*468juries caused by its neglect or omission to keep the…