Columbus Ins. v. Peoria Bridge Ass'n

DRUMMOND, District Judge.

This is the same case reported in 6 McLean. 209 [Columbus Ins. Co. v. Curtenius, Case No. 3,045] —the present defendant being substituted by agreement for the former defendants. After the decision of the court upon the demurrer, the defendants had leave to amend their pleas, and in their new pleadings traversed the averment in the declaration that the bridge, as constructed, was a material obstruction to the navigation of the river. Issue was joined upon the picas, and the case was submitted to a jury. It appears by ihe evidence that the steamer Falcon, on the 22d of…