Westfield Gas & Milling Co. v. Noblesville & Eagletown Gravel Road Co.

Appellee sued appellant averring that it had entered upon the line of appellee’s turnpike and without leave or license constructed a deep open ditch or trench therein which it had carelessly and negligently left open and unguarded, upon January 2, 1889; that afterwards one Abernathy brought suit against appellee and appellant for damages for injuries received by reason of said trench being by them negligently and carelessly left unguarded and open; that said appellant and appellee filed answers of general denial and went to trial which resulted in a judgment against both, a part of which…