Buschelmann v. City of Cincinnati

The only question presented in this case is the complaint that the court erred in its charge to the jury on the measure of damages.

The action was in tort, and grew out of the destruction of a bridge on premises leased by plaintiff in error, which lease contained an option of purchase.

The act of negligence charged is the permitting of timbers and logs to get into the creek flowing through the premises, by reason of which, at a time of high water, the logs and debris were washed against the bridge, destroying it.

*347The defense was a denial of negligence, with the additional defense of vis major.

The…