Illinois Supreme Court September 15, 1870 (Town of Waltham v. Kemper)

Mr. Justice Breese

delivered the opinion of the Court:

Jacob Kemper complained in an action on the case, against the town of Waltham, in LaSalle county, that by reason of not keeping in repair a certain public highway in said town, which it was their duty to keep in repair, his team, and wagon loaded with goods and chattels, was unavoidably mired, he using due care, and that in extricating his