McCarry v. Center Township

The opinion of the court was delivered by

Johnston, C. J.:

This action was instituted by Alvah McCarry against Center township, Smith county, and its officers to recover damages for injuries sustained by him because of an illegal defective *625highway over which he was traveling — a highway which it is said it was the duty of the township to maintain and keep safe for travel.

The plaintiff alleged that there was an abrupt turn of the highway at an intersection of another highway by which a traveler going at a reasonable rate of speed could not discover the turn until it was too late to make it…