Board of Commissioners v. Mutchler

This was an action by appellee to collect damages for injuries alleged to have been caused by a defective bridge constructed by appellant upon a free gravel road.

A verdict was returned for appellee in the sum of five thousand dollars; whereupon, a remittitur having been entered for three thousand dollars, judgment was rendered in appellee’s favor for two thousand dollars.

The cause was originally appealed to the Appellate Court, where, it appearing that one of the judges had been of counsel in the trial court, and the other judges being equally divided as to the decision proper to be *142made on…