Schmidt v. Board of County Commissioners

*497The opinion of the court was delivered by

Robb, J.:

This is an appeal from the trial court’s order overruling defendant’s motion for new trial, from the judgment made upon the jury’s verdict in favor of plaintiffs, and from other rulings and orders of the trial court.

Plaintiffs commenced this action against the Lyon county board of commissioners to recover damages for the death of their seven year old son, Virgil Schmidt, on October 14, 1959, proximately caused by the collapse of a county-maintained bridge which had been in use since 1892. The collapse resulted when a dead jack oak tree thirty…