Town of Worthington v. Morgan

The appellant has assigned as error the overruling of its demurrer for want of sufficient facts to the appellee’s complaint.

The action was one for the recovery of damages for personal injury to the appellee, received without his fault while he was traveling upon a public street of the town, and caused by a defective condition of the street, attributed to the negligence of the appellant.

Counsel for the appellant in argument have referred to a recent case in our Supreme Court, Board, etc., v. Allman, Admr., 142 Ind. 573, in which it is decided that there is no liability of counties in this…