Tanner v. Town of Rushford
Tanner v. Town of Rushford
Opinion of the Court
The special verdict covers fairly and fully all the issues in the case and we find it necessary to consider but three contentions, viz.: first, that no actionable defect in the bridge was proven; second, that if any defect was proven the plaintiff was guilty of contributory negligence in sending his team across the bridge when he knew of the defect ; and third, that the evidence fails to show that the defect in the bridge caused the injury. These questions will be briefly treated in the order stated.
There can be little doubt, we think, that the long and substantial calks which are necessarily placed upon the shoes of a horse in winter are quite likely to be caught and wedged into such cracks as existed in the roadway of this bridge. It goes without saying that when a horse’s foot is thus suddenly caught and held, the wrench thereby resulting may easily cause a temporary or permanent injury to the horse. It is clear from-the evidence that the difficulty is avoided in many bridges either by laying the planks close together or by laying them longitudinally or diagonally. We are unable to say as matter of law that there was no actionable defect in the present instance.
By the Court. — Judgment affirmed.
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