Dobbins

In this action plaintiff sought recovery of damages alleged to have been sustained as the result of the negligent acts of the city trustees and city engineer of the city of Arcadia.

Upon findings made, it was adjudged that plaintiff recover as against defendant Ehle, who was the city engineer, and take nothing as to defendants Charles A. Billings, J. W. Barnes, A. L. Parker, H. M. Roth, and James A. Stoker, who were trustees of the city, from which part of the judgment adverse to plaintiff he appeals upon the judgment-roll.

In substance, the findings upon which appellant claims the judgment should be reversed and judgment thereon directed in his favor as to the defendants named as trustees are: That the city of Arcadia is a city of the sixth class, and that the parties, other than defendant Ehle, at all times mentioned constitute its board of trustees; that on December 14, 1914, pursuant to an order made by the board of trustees on December 3d requiring him so to do, defendant Ehle caused a trench five feet deep and eight feet wide to be dug across Huntington Drive for the construction of a storm drain; that on said date, to wit, December 14th, said Ehle left said trench…