95 Neb. 104 | Neb. | 1914
This is an appeal from a judgment rendered by the district court for. Greeley county. P-laintifl! sued as the administrator of the estate of his father, Samuel W. Lyons, deceased, alleging that decedent lost his life by reason of a defective bridge across Freeman creek in the county of Greeley, defendant. The defect complained of is that the
The facts shown as to the cause of the death of Samuel W. Lyons are very meager. It appears that on the morning of the day of his decease he took a horse and buggy and drove to Freeman creek, stopping at or near where the creek is spanned by a bridge. Evidently he unhitched his horse and left his buggy near the end of the bridge. The purpose, of his trip was to engage in fishing in the •creek. During the forenoon his horse, by some means, escaped, and he went to a near-by neighbor’s house and telephoned for his son, the plaintiff, to come for him, as his horse had escaped. This was perhaps toot far from ten o’clock in the forenoon, and was the last that was seen of him alive. When .his son arrived, which was before noon, he found the buggy all packed ready for the return home, but the horse was gone. An examination disclosed decedent’s hat in or near the water, and one length of the side railings of the bridge gone from its place and. floating in the water some little distance below the bridge. His fish bait and some few fish were found upon the floor of the bridge, and his fishing rod was lying-on the floor; the end to which the line was fastened projecting over the opposite side of the bridge with the baited hook in the water. The floor of the bridge was about seven feet above the surface- of the water, which at that point was seven to eight feet deep. After an extended search the body was found under the side of the bridge and immediately under the place of the missing side rail. There is some doubt as to whether decedent met his death from drowning or from injuries found upon his head. If the latter, it might be inferred that in falling his head struck some of the bridge timbers just beneath, producing unconsciousness, or, practically, death. The testimony of the
Objection is made to some of the instructions given by the court to the jury. These will be briefly noticed. The seventh instruction contained a definition of contributory negligence. This part appears to be a correct statement of the law and is not assailed. FolloAving this is the di
Objection is made to the fifteenth instruction given. Without setting out the instruction here, it must be sufficient to say that it is an exact copy of the third clause of the syllabus in Johnson County v. Carmen, 71 Neb. 682, which we think correctly states the laAV. The evidence upon the subject of the want of care of the county officials was, to some extent, at least, conflicting, and we cannot see that it was error to give the instruction.
The judgment of the district court will have to be affirmed, which is done.
Affirmed.