Cunningham v. Township of Clay

The opinion of the court was delivered by

Mason, J. :

John W. Cunningham received serious injuries by the runaway of a team of mules which he was driving upon a highway in Clay township, in Butler county. He sued the township, claiming that the runaway was occasioned by the .mules’ becoming frightened at a large stone lying in the road, outside the traveled portion, but near it, which was of such nature that when so placed it was likely to frighten horses of ordinary gentleness, and therefore constitued a defect in the highway ; that the township trustee had had notice of such defect for more…