On the 22d of October, 1900, the plaintiff was moving a traction engine along a public highway in Clarke County, and, while crossing a county bridge upon the line of his travel, said structure gave way, precipitating the plaintiff and engine into the gorge below. In the fall the plaintiff was pinioned beneath some portion of the engine, from which position he was not rescued for several hours, resulting in very severe physical injuries, and much pain and suffering, for which he seeks to recover damages. He alleges that the bridge was old, decayed, weakened, and unsafe for public use, of which condition the county had notice, but failed to use reasonable diligence to remedy the defect, and that by reason of such negligence the accident occurred, without contributory negligence on his part. The defendant denies the plaintiff’s claim, and further alleges that the injury to plaintiff occurred more than three months prior to the commencement of this suit, and that no written notice specifying the time, place, and circumstances of the accident was served upon the defendant within sixty days from the date thereof as provided by law. . It also avers that plaintiff, by his negligence, contributed to the injury of which he complains.
The evidence was such the jury would be justified in finding that the bridge had been built about the year 1884, with some repairs in 1895; that its parts were weakened by natural decay; and that plaintiff, being in the service of one Zink, the owner of a steam threshing outfit, approached the bridge with the engine from the east on the morning of the day of the accident. Before attempting
I. The first point made by the appellant is that at the time of the accident the wheels of the .engine were
II.Error is assigned upon the ruling of the court in excluding certain testimony. One of defendant’s witnesses was asked: “Now, Mr. Stalker, tell the jury whether or
III.It is said the plaintiff is shown to have been guilty of negligence, because, as is alleged, he knew the
IV. The question of notice to the county of the condition of the bridge was also one of fact. The bridge was made of pine lumber and plank, and had been built
Y. It will be observed that the accident occurred upon October 22d, and suit was brought January 30th thereafter — a period of more than three months. Under
“Osceola, Iowa, December 17, 1900.
“To Board of Supervisors of Clarke County, in Account with F. E. Perry, Dr.: To personal injuries caused by defective bridge, about one-fourth mile West of J. W. Miller's home, in Ward Township, Clarke county, Iowa.
“Your petitioner further states that on the 22nd day of October, 1900, while crossing said bridge with a threshing machine engine, that said bridge gave way, and that*102 he was carried to the bottom of the creek with said engine, landing on his legs, and other parts of his person, causing permanent injury.
“Therefore, I ask that said county pay me for said injury the sum of fifteen ($15,000) thousand dolíais.
“I swear that, to the best of my knowledge and belief, the above account is just and true and wholly unpaid, except some expenses unknown to this agent.
“[Signed] C. E. Thompson, Agent.
“Subscribed and sworn to before me December 17,1900.
“[Signed] Edgar Bell, Auditor.”
We see no good reason for saying this paper does not fill the demand of the statute for a written notice. It is not entirely formal, perhaps, but the substance is there. It gives notice of the accident, and of the time, place, and circumstances, in reasonably specific terms, and was received and filed in time by the officer upon whom notice could properly be served. To hold that this is not a substantial compliance with the statutory requirement would be excessively technical, and serve no just purpose. The fact -that the paper is called a “petition,” instead of “notice,” is immaterial. It is the effect of its contents, and not its name, by which we are to be governed in its application. Neither is it material that the paper is verified by the affidavit of an agent. The statute does not require the notice to be sworn to, and, if verification is necessary, there is no reason why it may not be made by any person knowing the facts.
We find no reversible error in the record, and the judgment below is aeeieMed.