Stauffacher v. Town of Sylvester

Tbis is an appeal from an order overruling a demurrer to the complaint in an action for damages for personal injuries sustained by reason of a defect in the public highway October 13, 1899. In addition to allegations of a formal character, and the giving of the requisite statutory notices, and the disallowance of the plaintiff’s claim for damages, the complaint alleges, in effect, that at a point in the highway, described, about thirteen feet north of a cezfain bridge thereon, there was on the day mentioned, and had been for a long time previous thereto, a ditch or gully, four or five feet…