American Negligence Reports, Current Series; All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Volume 4 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...to prove that the township trustee knew these facts, but also that he knew that the fence was an insufficient barrier. In a case of doubt as to the sufficiency of the protection afforded by the fence under ordinary circumstances, it is incumbent on the plaintiff to show that the attention of the township trustee was directly challenged to its insufficiency. KNOWLEDGE OF DEFECT--PROOF.--In actions against a township for injuries encountered outside of the traveled way, more strictness of proof of knowledge of dangers to be apprehended will be required than where caused by a defect in the traveled way itself. (Syllabus by the Court.) ERROR from District Court, Lyon County. From judgment sustaining demurrer to complaint, plaintiff brings error. The facts are stated in the opinion. BUCK & SPENCER, for plaintiff in error. CHARLES B. GRAVES, for defendant in error. ALLEN, .--This action was brought against the township of Emporia, in Lyon county, on behalf of Mary E. Dougherty, by L. S. McFarland, as her next friend, to recover damages resulting from the death of Reuben Dougherty, her father. The evidence offered by the plaintiff shows that on the loth of January, 1894, the deceased was driving a team hitched to a farm wagon from Emporia towards his home, southeast from the city, that he was going south until he came to a place in the road where it connects on one side with a road from the east, and on the west side passes along the Cottonwood river. At this point the river bank was cut away to such an extent as to take out one-third the width of the road. The bank near the top was very steep for some feet, and then sloped down to the river. The perpendicular distance from the top of the bank to the water is variously estimated at from...