Loit v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from an order sustaining a motion of defendant asking a new trial. Plaintiffs sought a recovery of damages occasioned by a defective bridge which gave way when *493plaintiff’s truck was being driven over it. The action was first brought against the commissioners of Leavenworth county and after-wards, with the permission of the court, Reno township of that county was added as a defendant. Later the county went out of the case on a demurrer and the case proceeded against the township only.

It is alleged that the defective…