53 N.W. 321 (Iowa 1892), Weirs v. Jones County
|Citation:||53 N.W. 321, 86 Iowa 625|
|Opinion Judge:||ROTHROCK, J.|
|Party Name:||HENRY WEIRS, Appellant, v. JONES COUNTY, Appellee|
|Attorney:||Sheean & McCarn, for appellant. F. O. Ellison, for appellee.|
|Case Date:||October 25, 1892|
|Court:||Supreme Court of Iowa|
Appeal from Jones District Court.--HON. JAMES D. GIFFEN, Judge.
THE plaintiff seeks by this action to recover damages for the killing of two horses and the destruction of a wagon by the breaking down of a bridge which was built and maintained by the county. There was a trial by jury, and a verdict and judgment for the defendant. The plaintiff appeals.
[86 Iowa 626]
This is the second appeal in this case. See 80 Iowa 351. There was a verdict and judgment for the plaintiff upon the first trial. The judgment was reversed upon what was thought by this court to be error in certain instructions given by the court to the jury. The questions there determined are not involved in this appeal. The evidence on both trials was substantially the same, and presents the following state of facts, which we now copy from the opinion on the former appeal:
"It is conceded that the bridge in question was a county bridge, and that it was known to the board of supervisors of the defendant to be in an unsafe condition prior to the time of its falling. About the fourth day of September, 1888, the board caused it to be examined and condemned. By authority and direction of the board, signboards bearing in large letters the words "Bridge unsafe," were prepared, and on the [86 Iowa 627] fifth day of September, 1888, one was nailed up at each end of the bridge, in a conspicuous place. In addition, at one end of the bridge, two wires were stretched across the bridge at about the height of the breast of a horse, and securely fastened to the sides by means of staples, and a wire was stretched and fastened in a similar manner at the other end of the bridge. The bridge was in an isolated place, and was used but little. It was about three hundred feet in length, and eighteen or twenty feet above the water of the stream. On the ninth day of September, 1888, the plaintiff crossed the bridge in the morning without accident. The signs were then on the bridge, and the wires were there, but loosed at one end and thrown to one side, in such a manner as not to form any obstruction to the crossing of the bridge. The plaintiff...
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