Ogden Livestock Shows, Inc. v. Rice

MORRISON, District Judge.

This is an action at law to recover damages for injuries alleged to have been sustained by plaintiff as a result of the acts of the defendant Wade in driving his truck loaded with cement over a bridge belonging to the plaintiff. The action is brought upon two counts. The first count is based upon the theory of trespass and the second count is based upon the theory of negligence. The cause was tried to the court sitting without a jury and from a judgment in favor of the plaintiff and against the defendant on plaintiff’s second count defendant Wade appeals.

Briefly, the…