Yordy v. Marshall County
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. D. D. , Miracle, Judge. Action to recover two hundred and fifty dollars’ damages to plaintiff’s team and threshing outfit, by the falling of one of defendant’s bridges while said team and outfit were being moved across the same.
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Appeal from Marshall District Court. — Hon. D. D. , Miracle, Judge. Action to recover two hundred and fifty dollars’ damages to plaintiff’s team and threshing outfit, by the falling of one of defendant’s bridges while said team and outfit were being moved across the same. Defendant answered, denying generally, and alleging that the bridge was broken by plaintiff’s carelessness in driving thereon with his apparatus of great weight, coupled together, and that plaintiff had been warned before crossing that the weight was too great for the bridge. The case was tried to a jury, and, pending the…
1Opinion of the CourtGiven, J.
— I. Plaintiff introduced testimony tending to show the age, construction and condition of the bridge ; that it had stood two or three years longer than the ordinary life of its timbers; and that defendant’s board of supervisors were notified before the accident that it was in a decayed ánd dangerous condition. He also introduced testimony showing that, before attempting to cross, he examined the bridge, and discovered no defects ; that he attempted to cross his threshing outfit, consisting of a team, steam-engine, weighing eighty-two hundred and fifty pounds, separator and trap wagon; that…
2Cases cited1 opinion
- McCormick v. Township of WashingtonSupreme Court of Pennsylvania · 1886
3Cited by9 opinions
- Miller v. Boone CountySupreme Court of Iowa · 1895
- Tackett v. Taylor CountySupreme Court of Iowa · 1904
- McWilliams v. Kentucky Heating Co.Court of Appeals of Kentucky · 1915
- Anderson v. City of St. CloudSupreme Court of Minnesota · 1900
- Yordy v. Marshall CountySupreme Court of Iowa · 1892
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