Costello v. Board of County Commissioners

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover for the death of her husband occasioned by the falling of "a bridge over which he was attempting to pass with a traction engine. The petition alleged that it was impracticable to plank the bridge, and that on account of its weak condition the laying of planks or boards would not have prevented its breaking and falling. A demurrer to the petition was sustained and the plaintiff appeals. The question involved concerns the construction of three statutes. The plaintiff contends that unless the failure to plank the…