Hovater v. Franklin County

The action is for wrongful act, omission, or negligence causing death, brought under the Homicide Act, Code, § 5696. Demurrer to the complaint was sustained. Plaintiff took a nonsuit and appeals.

The complaint alleges that a bridge was erected across Bear creek on a public highway in 1908 under contract with the county; that no bond or guaranty was given by the builder, an independent contractor, and proceeds :

“That prior to and oh, to wit, the 16th day of July, 1926, the defendant county suffered and allowed the said bridge to be in an unsafe, unsound and defective condition, in this: The…