Village of Momence v. Kendall

The suit was by appellee, to recover from appellant in not properly protecting an excavation being made by one Knightheart by its permission, for a cellar along one of the streets of the village, called Front street, by means of which the appellee fell into the cellar and was injured. The declaration avers that the appellant wrongfully permitted large quantities of stones to be placed and remain in Front street, and failed to place boards or guards to prevent persons falling into the excavation, and that the appellant, while passing along the street, fell from the street into the excavation…