Reinhart v. Board of Commissioners

Appellant sought to recover damages on account of loss incurred by reason of a bridge over a *573ditch across a public highway giving way under a portable engine while passing over it.

The court below sustained a demurrer to his complaint.

The general allegation that appellant was free from fault, was not overthrown by the fact that he was crossing the bridge with a traction engine. Board, etc., v. Creviston, Admr., 133 Ind. 39; City of Wabash v. Carver, 129 Ind. 552; Board, etc., v. Brod, 3 Ind. App. 585.

When contributory negligence is negatived in general terms, this is sufficient, unless it…