Moody v. Township of Shelby

Plaintiff sued defendant for an injury received on a highway in said township, and recovered a judgment. Defendant appeals. The errors assigned which it is necessary to consider relate to the declaration and to the charge of the court. The declaration, so far as it is necessary to quote it here, reads as follows:

“Andthe plaintiff alleges that it was the duty of the defendant to maintain said highway in repair and in a reasonably safe condition for use, so that the public could safely pass along said highway with horses and vehicles at all times in safety; but that the defendant, disregarding…