Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 40

Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...taken from the shoulders of the county by the voluntary action of persons directly interested in procuring the erection of the bridge. They even contributed more than one-third of the expense of the main structure across the river. As we have already remarked, all this did not change the character of the bridge, the duty, or the liability of the county. II. Appellant assigns as error the refusal of the court to give the second, third and tenth instructions asked. They are as follows: ' " 2. If you find from the evidence that the said stone was placed upon said bridge temporarily for the purpose of cover ing a hole in the floor thereof, which might interfere with travel; and that the said stone did serve such purpose, although placed there by private individuals, there still being room for the passage of teams at the side thereof, the county would not be liable for injuries resulting from plaintiff 's horse taking fright at said stone. "'3. An object in a highway with which a traveler does not come in contact or collision, and which is not shown to have been an actual incumbrauce or obstruction in the way of travel, is not to be deemed a defect in the highway, for the sole reason that it is of a nature to cause a horse to take fright. " 10. If you find from the evidence in this case, that the stone being on the main floor of the bridge, and which it is claimed caused plaintifi"s horse to take fright, was so situated as to allow teams to pass over said bridge without coming in contact or collision therewith, and was not an actual incumbrance or obstruction in the way of travel, then the simple fact that said stone was of such a nature as to frighten horses, would not render its existence there a defect or want...show more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236785533
  • 9781236785534