City of Eudora v. Miller

The opinion of the court was delivered by

Bbewer, J.:

This was an action brought by defendant in error, plaintiff below, to recover damages for an injury to his-team on the streets of the defendant. The action was commenced before a justice of the peace, and after trial was appealed to the district court, there tried upon the bill of particulars filed before the justice — tried by the court without a jury — special findings of fact made, and judgment rendered thereon for plaintiff. The defendant alleges error. The testimony is not preserved, so the case comes before us upon the special findings…