Clingan v. Dixon County

■Calkins, C.

This was an action to recover damages for injuries sustained by reason of the negligence of the defendant county in failing to maintain in proper repair a bridge across a stream therein. The first trial resulted in a verdict for the defendant, from which the plaintiff prosecuted error to this court, where the judgment was reversed. Clingan v. Dixon County, 74 Neb. 807. The ease being remanded, *809it was again tried, with the same result; and it is now brought to this court upon the plaintiff’s appeal.

1. The former judgment was reversed for the giving of an instruction which submitted…