Hamerlynck v. Banfield

This is an action for damages, arising out of the alleged negligence of the defendants in cutting holes in a bridge on a public street in the City of Portland, and leaving them insecurely covered, by reason whereof the plaintiff was thrown from his wagon in attempting to cross such bridge, and injured. The defense interposed was contributory negligence of plaintiff in attempting to pass over the bridge at a place where the danger was apparent, or in attempting to use the bridge at all, there being an*438other route by which he could hare avoided it altogether. A nonsuit was asked when the…