Clapham v. Board of County Commissioners

The opinion of the court was delivered by

Harvey, J.:

Plaintiff brought this action for damages for the deiath of her husband, alleged to have resulted from the negligence of defendant. A demurrer to the second .amended petition was overruled, and defendant has appealed.

The allegations of the petition may be summarized as follows: That on a day stated defendant was engaged in the construction or repair of an abutment to a bridge on a county highway which had been damaged by rainfall; that the bridge was in a defective condition, a fact known to the chairman of the Board of County Commissioners…