Story v. Board of County Commissioners

The opinion of the court was delivered by

Mason, J.:

This is an appeal from a judgment recovered by Charles R. Story against the board of county commissioners of Brown county on account of injuries to himself and to his automobile, received after dark on October 6, 1921, due to a defective condition of a highway for. which he alleges the defendant was responsible.

1. The defendant asserts that there was a material variance between the plaintiff’s pleading and proof. The petition alleged, in substance, that while an old county bridge was being replaced by a new one, a deep excavation was made…