City of Salem v. Webster

In May, 1898, the appellant, the city of Salem, made an open ditch with a road-grader across Church street, one of the public streets of said city in general use, to allow surface water to run across the street. In the latter part of July, the ditch having become partially filled up so as to impede the flow of the water, the city caused it to be dug out with spades. The dirt was thrown in the street on the sides of the ditch, which was something more than a foot deep across the traveled way and as wide as it was deep. No guards or lights were placed at or near the ditch at any time, and on…