White v. City of Kansas City

The opinion of the court was delivered by

Mason, J.:

W. E. White, while hauling rock in a horse-drawn wagon, was- injured by the giving way of a bridge in Kansas City, Kan. He brought an action against the city. A demurrer to his evidence was sustained, and he appeals.

The wagon used by the plaintiff weighed 1,800 pounds and carried a load of 5,200 to 5,500 pounds. He had not laid down planks for the wheels to run on while crossing the bridge. The case turns upon the question whether the law requiring that to be done in the case of loads weighing more than three *496tons applies to horse-drawn…