Huff & Buck v. Poweshiek County
Supreme Court of Iowa
Appeal from, Poweshieh District Court. On the 17th day of May, 1880, the plaintiffs attempted to cross a county bridge, in Poweshiek County, with a road grader and some horses. The bridge broke down and preeipitated the grader and horses, and men in charge of them, to the bed of the stream below.
Read the full summary
Appeal from, Poweshieh District Court. On the 17th day of May, 1880, the plaintiffs attempted to cross a county bridge, in Poweshiek County, with a road grader and some horses. The bridge broke down and preeipitated the grader and horses, and men in charge of them, to the bed of the stream below. This action was brought to recover damages of the county for injuries to the said horses and the grader, caused by the accident, upon the alleged ground that the county was negligent in the original construction of the bridge, and negligent in permitting the same to become decayed, rotten and out of…
1Opinion of the CourtRothrook, J.
The bridge in question was erected in June, 1873, nearly seven years prior to the accident. There was no evidence that the structure was originally defective. Indeed, the jury found that as originally, constructed, it was sufficient “to bear up any load and team.” The fact is not disputed that the accident happened by reason of the decay and rottenness of the timbers, and there is no evidence that, the plaintiffs had any knowledge of the defect, and they, therefore, could not be held to be negligent in driving upon the bridge. And there was no evidence that any member of the board of…
2Cases cited1 opinion
- Ferguson v. Davis CountySupreme Court of Iowa · 1881
3Cited by5 opinions
- Heigel v. Wichita CountyTexas Supreme Court · 1892
- Perry v. Clarke CountySupreme Court of Iowa · 1903
- Morgan v. Fremont CountySupreme Court of Iowa · 1894
- Brooks v. Van Buren CountySupreme Court of Iowa · 1912
- Schlensig v. Monona CountySupreme Court of Iowa · 1905