City of Evansville v. Worthington

The first error complained of by the appellant, the defendant below, is the overruling of its demurrer to appellee’s complaint.

*283In his complaint, the appellee alleged that there was a public street or highway in the city of Evansville, known as First street, leading from the upper to the lower part of such city, which street the appellant was bound to keep in repair; that the appellant negligently suffered and permitted such street and the sidewalk, on the eastern side thereof, between Pine and Ingle streets, to be and remain out of repair, and suffered and permitted “deep holes, high points…