Smith v. Town of Troupsburg

Thompson, J.:

This case is unlike any of the reported cases under section 331 of the Highway Law in that here the load had traversed the bridge when it gave way although the front wheels were clear of it and rested upon the further embankment. But the clear intent of the statute, I think, is to provide that if the bridge is subjected to a higher strain than that named in the statute, and consequently collapses, there can be no recovery. If the bridge should give way when only the front wheels of a truck, carrying a load in excess of eight tons, had passed onto it, then evidence showing that…