Rothrock v. Board of County Commissioners

Citations

• 98 Kan. 286
• 158 P. 19
• 1916 Kan. LEXIS 69

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Defective Bridge — Injuries—-When Damages May be Recovered from County. The liability of a county for damages occasioned by the fall of a bridge on a county road is statutory and unless the damages alleged fall strictly within the terms of the statute imposing such liability there can be no recovery.</p> <p>2. Same — Traction Engine — Failure to Plank Bridge — No Damages Recoverable. One who attempts to ride across a bridge on the tender of a fifteen-horsepower traction engine (weighing more than three tons), when he sees and knows that the operators of the traction engine, in disobedience of the statute, are driving the engine across without the statutory planking, can not recover damages for injuries occasioned by the fall of the bridge under the weight of the engine.</p> <p>3. Same — Contributory Negligence Bars Recovery. Plaintiff, who owned a threshing machine, hired the owners of a fifteen-horsepower traction engine, presumably weighing more than three tons, to haul his thresher over a county road and bridge. The crossing was attempted without planking the bridge as required by section 45 of chapter 248 of the Laws of 1911. The bridge fell under the weight of the engine, and the plaintiff, who was riding on the tender, was precipitated into a creek thirty-four feet below and severely injured. Held, that he was charged with notice of the statute, and with notice that an attempt to drive the engine across the bridge without planking was dangerous, and that he voluntarily rode into a place of danger, and that such contributory negligence on his part bars him from any claim against the county for damages.</p>