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CITY OF SHELBYVILLE v. MORTON, ETC.

No. 19,866.

138 Ind. App. 460 (1965)

208 N.E.2d 705

CITY OF SHELBYVILLE v. MORTON, ETC.

Court of Appeals of Indiana.

Rehearing denied August 5, 1965.

Transfer denied March 14, 1966.

Attorney(s) appearing for the Case

Branigin & DeMoss, of Franklin, and Donald L. Brunner and Brunner, Brown & Brunner, of Shelbyville, for appellant.

H. Harold Soshnick of Soshnick & Brenton, of Shelbyville, and Pogue & Young, of Franklin, for appellee.

MOTE, J.

This action was duly commenced by the appellee, Gary Paul Morton, a minor, eleven years of age, by his next friend, against the appellant city, seeking to recover damages for alleged personal injuries allegedly sustained as a proximate result of the negligence of appellant.

In material pertinent substance, appellee's complaint alleged: that East Hendricks Street was a public highway of blacktop and asphalt construction located in and maintained by...

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