City of Winfield v. Peeden

*672The opinion of the court was delivered by

Milton, J.:

In June, 1894, defendant in error was performing labor for the city of Winfield in lieu of his poll-tax. The first day he worked on the streets, and on the morning of the second day, at the request of the street commissioner, he went to a gravel-bank belonging to the city and which had been in use for two seasons, to assist in loading wagons with material to be used on the streets. The petition alleged that the gravel-bank was an extremely dangerous place, and known to be such by the. city officials and the street commissioner, and that the…