City of Duncan v. Wright

Judgment was had against the city for injuries sustained from falling into a hole in a bridge. The bridge was constructed of wooden planks and provided passage over a small stream. This bridge was the only passageway over the stream which had been provided by the city on this street. Traffic and the elements had caused one of the planks to become broken, causing a hole in the bridge sufficiently large to permit plaintiff’s foot and leg to pass through, causing his fall and injury while attempting to walk across the same.

The city, upon appeal, seeks to show error under the two following…