Super v. Modell Township

The opinion of the court was delivered by

Benson, J.:

A judgment was obtained by the appellee against the appellant for $800 for damages suffered to person and property caused by a defective highway.

The appellee was driving his automobile upon a public road which crosses the Solomon river. A month before the accident the bridge at this crossing had been washed away by a flood. The appellee was not aware of this fact, and approaching the crossing at ten o’clock in the evening was unable to stop the automobile after he. saw the bridge was gone, and it went over the bank, causing injuries for…