City of Topeka v. Hempstead

John C. Hempstead was killed by falling from a high bridge erected upon a street of the City of Topeka. He was engaged in dairying; and on Sunday morning, May 22, 1892, was on his way to deliver milk to a customer. He was driving a mare attached to a light wagon. As he was driving down a hill approaching the bridge, one of the back straps of the harness gave way, striking and frightening the mare, so that she started toward the bridge *329upon a gallop. Hempstead undertook to hold and guide .the mare, and did gain partial control over her ; but the approach to the bridge being narrow — not much…