Township of Denver v. White River Log & Booming Co.

This is an action at law, brought by a township to recover for damages done to various highways and bridges at various times in several years. All are joined in a single count. When the case, after issue joined in the ordinary form, came on to be tried, the court directed a verdict of no cause of action, because the township could not sue for such injuries.

The ground is now taken by plaintiff that defendant, by pleading to the merits, is estopped from now insisting on any such want of power. But the general issue is certainly a proper answer to any claim not well founded in fact. If defendant…