City of Bloomington v. Rogers

The appellee brought this action to recover damages for injuries sustained by falling into an open and unprotected ditch in the course of construction along one of appellant’s streets.

The first ruling complained of is the ruling on the demurrer to the complaint. That part of the complaint containing the gist of the action, and which appellant insists is insufficient, is as follows:

“That in said city there is what is known as Madison street, which extends from First street to Eleventh street northward, but prior to the 23d day of September, 1892, the defendant caused said Madison street to be…