Zirkle v. City of Elkins

Miller, President:

By this action on the case plaintiff sought recovery of damages for personal injuries- sustained in the night time when engaged in executing a contract with defendant for removing *40night soil from a privy, clue to a wire clothes line stretched across a way alleged to he one of the public alleys of said defendant, in what is known as the Taylor Sub-division to the City of Elkins.

During the trial the court ruled out much-of the evidence of the plaintiff, showing the use and improvements of the main streets of said sub-division, and limited him to evidence showing or attempting…