Wheatly v. Mercer, &C.

• Decision Date: 30 October 1873
• Citation: 72 Ky. 704
• Court: Kentucky Court of Appeals
• Parties: Wheatly v. Mercer, &c.

72 Ky. 704

Wheatly v. Mercer, &c.

Court of Appeals of Kentucky.

October 30, 1873.

APPEAL FROM MEADE CIRCUIT COURT.

J. ALLEN MURRAY, WILLIAMS & BROWN, For Appellant.

C. G. WINTERSMITH, T. B. FAIRLEIGH, R. H. BOWMAN, For Appellees.

JUDGE PETERS DELIVERED THE OPINION OF THE COURT.

In this action, brought by the appellant against appellee Mercer, presiding judge of the Breckinridge County Court, and the other appellees, justices of the peace for said county, constituting the county court thereof, he alleges that on the 10th of May, 1871, he was traveling with his wagon and team of two yoke of oxen on the public road leading from Cloverport to Bowling Green, and attempted to cross a bridge over the Tar Fork of Clover Creek on said road, which was and is under the control and jurisdiction of said defendants as the county court of Breckinridge County, said bridge being in said county and upon said road, which is a county road; said bridge being a part of the public highway established by and under the control of said county court, it was the duty by law of said defendants to keep said bridge safe and secure for the passage of persons, their teams and vehicles; that it was built by the county court of said county, and has been under their control for twenty years last passed; that the floor of said bridge suddenly broke down, whereby the plaintiff, his wagon and team falling through, fell a distance of many feet to the ground beneath said bridge, and thereby sustained great damage and injury to his person, his wagon, and team; that his arm was broken, and he received other personal injuries, from which he suffered great bodily pain, and to save his life he was compelled to employ a physician at great expense; that on account of said injuries he was unable to return home, and was detained at a very busy season of the year for many days from home, whereby he sustained great loss and incurred heavy expenses; that he had been unable, by reason of the injuries sustained by the fall, to labor on his farm; and that the injuries received are permanent, from which he never will entirely recover, and all of which he received without any negligence or fault on his part; nor was his team restive or unmanageable, and he had no load on his wagon; that besides the personal injuries received by him one of his oxen was killed, of the value of _____ dollars, and his wagon broken. He alleges that without fault or negligence on his part the timbers of the floor of said bridge broke down, the same being defective and insufficient for the purpose of making a safe bridge, and asks...