City of Chicago v. Morse

By the testimony of the appellee it appears that on a pleasant afternoon, September 8, 1888, about two o’clock, he sat on the driver’s seat of a laundry delivery wagon going south on Wabash avenue, a wide street paved with asphalt blocks, paying no attention to anything, and the horse that he had driven for thirteen or fourteen years drew the wagon into a hole, caused by repairs that were being made in the pavement. The result was the overturning of the wagon and breaking of the appellee’s leg, and he wants the city to pay for it.

In such a case, if a verdict for him could be sustained at all,…