St. Louis, Fort Scott & Wichita Railroad v. Irwin

*706The opinion of the court was delivered by

Johnston, J.:

1. Track and bridges; duty of company.

It is earnestly contended by the plaintiff in error that the evidence is insufficient to sustain the finding that , the railroad company was negligent in the construction and maintenance of the bridge which occasioned the injury; and that even if the company was negligent, the testimony shows that at the time of the accident Irwin was not exercising that prudence and care which was required of him, and hence ought not to recover. The testimony shows that the bridge in question is built over the Walnut…