West v. City of Clarksburg

Lovins, Judge:

Plaintiff instituted this action against the City of Clarksburg, alleging in his declaration that he was injured as a result of the failure of the city to keep Milford Street in repair, which street is within the corporate limits. Defendant’s special plea alleges that Milford Street is a connecting part of the primary road system, through the city for U. S. Route No. 19, and by reason of statute the duty of maintaining the same rests with the state road commissioner. Plaintiff’s replication admits the use of Milford Street by the travelling public as such connecting part and…