City of Fort Wayne v. Patterson

Black, J. —

In the appellee’s complaint against the appellant a cause of action was stated for a personal injury occasioned by a defect in an alley crossing on one side of a certain street of the city. Among other averments, it was stated in the complaint that for a long time prior to the date of the injury the appellant had negligently permitted a washout, or hole, to remain unfilled and uncovered, at the alley cross.ing, which fact was unknown to the appellee; that on, etc., he was properly and lawfully driving along said street with a wagon loaded with wood, for delivery in said alley, and,…