City of Beardstown v. Smith

Adams street, in Beardstown, runs north of west and south of east and is crossed at right angles by Fifth. There was no artificial crossing of the latter on the east side of the former, nor sidewalk on either of the blocks next north and south, but a beaten and continuous path along both and across Fifth was commonly used as such by foot-passengers. The city cut a short ditch beginning on the south side of Fifth and along it, and ending at a catch basin over an underground sewer on Adams, to conduct the surface water. Its dimensions are variously stated by witnesses having different means of…