Wilke v. State

The State had so constructed a tile drain underneath the highway passing through the village of Buchanan that its outlet terminated before reaching the outer edge óf a bituminous shoulder. Water draining from the tile washed out the subsoil, resulting in a cave-in at the edge of the bituminous shoulder, forming a hole approximately eighteen inches deep. The claimant, while walking along the shoulder after dark, stepped into the hole and was injured.

The applicable statutes relating to State liability for highway maintenance and repair within village limits have been discussed at length in…