Ogle v. Mayor of Cumberland

Schmucker J.

delivered the opinion of the Court.

This case was instituted by the appellant to recover damages from the city of Cumberland for personal injuries sustained by him from falling into a ditch or sewer at the point where it crossed a road, which he contends was a public street of that city.

The facts of the case are substantially as follows : Prior to the year 1887 persons and vehicles having occasion to pass in either direction between Creek street, in the city of Cumberland, and the basin of the Chesapeake and Ohio Canal were in the habit of crossing in a nearly direct line over the…