City of South Bend v. Turner

Suit by appellee to recover damages for ‘ personal injuries. The facts set forth in the complaint are substantially as follows: On the 8th day of April, 1894, the appellants, being,' respectively, a municipal and private corporation, were engaged in the construction of a tfunlc sewer for the defendant city through one of its public streets, declining northward and terminating in St. Joseph river'; that at a point near its terminus the appellants constructed a manhole, circular in form, and two and one-half feet in diameter, near the center of a public street' crossing, thus constituting a…