Wentworth v. Town of Summit

This is an appeal from an order of the circuit court sustaining a demurrer to the complaint. The action was brought by the appellant to recover damages against the town of Summit, on account of an injury alleged by the plaintiff to have been received by him by reason of a defect in a bridge in a public highway in said town. The town demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The *282circuit court sustained the demurrer, and made a further order dismissing the complaint, in the following words: “ And no application having been…