City of Greeley v. Foster

Action to recover damages for personal injuries due to the negligence of the defendant. Judgment for plaintiff. Defendant appeals. A tile drain, which had been laid in one of the streets of the defendant city, proving inadequate for the purpose for which it was constructed, the city determined to take it up and put in a. larger one. This made it necessary to dig in the street above the old drain a ditch three feet wide and six feet deep. The work was done in the late winter and early spring by the city itself, under the immediate supervision of H. P. Heath, one of the members of the city…