Valley Township v. Stiles

The opinion of the court was delivered by

Porter, J.:

S. G. Stiles recovered a judgment against Valley Township, in Miami county,'for damages for injury to a mare, caused by a defective culvert in a township road. The township complains.

The case turns upon the question whether plaintiff’s proof was sufficient to show actual notice to the township trustee of the defective condition of the culvert, five days before the injury was received, as required by section 579 of the General Statutes of 1901. The plaintiff claimed that he notified Mr. Frank, the township trustee, of the defect in the…