EASTIYIAN v. COUNTY or CLACKAMAS. 25
Frank V. Drake, for plaintiff. t
·T. A. McBride and Wtllvkrm H. Ejjingcr, for defendant,
Dmnr, J. This action is brought by the plaintiff, who is a citizen
of California, against the defendant, a public corporation of this state,
to recover damages for-an injury sustained by the plaintiff in his person
and property, in the sum of $7 ,390, on June 20, 1886, in crossing a
bridge on road 100 in district 58, in Clackamas county, by reason of
its defective and insecure structure and condition. The answer of the
defendant consists of specific denials of every material allegation in the
complaint except the citizenship of the defendant, and a hypothetical al-
legation to the effect thatif the plaintiff did fall from said bridge it was
the result of his own negligence. _The plaintiff replied, denying negli-
gence on his part. The cause was tried by the court without the aid
of a jury; and on the trial a stipulation was tiled to the effect that the
plaintiff-in his reply had alleged in due formlthat the defendant was es-
topped to deny that the road in question is and was, at the date of the
injury complained of, a county road and public highway, and that the
defendant had in like manner pleaded in its answer the act of February
21, 1887,; entitled, "An act to amend section 347 of the Code of Civil
Procedure,-" subject to any legal objection thereto. V
`I find the material facts of the case to be as follows: r V r
i From the records and filesof the county court of Clackamas countyit
appears that in January, 1876, a petition, duly signed, was presented
to said court for the location and establishment of a county road, com-.
mencing at the intersection of the Oregon City and Portlandroad, and
the old immigrant road leading to Philip Foster’s, near the center of sec-
tion 13, in township 2 S., of range 4 E.; running thence, in a south-
easterly direction, about 13 miles, to Salmon river, near the residence
of Edwin Bates, on the N. E. i~ of section 26, in township 2 S., of range
6 E., with proof by the affidavit of one of the petitioners that due no-
tice had been given of said petition; that thereafter, during the same
year, said road was duly located, surveyed, and established as county
road 100, and entered on the county map of roads and road—districts, in
said county, and has since been opened and regularly worked by the
supervisors of road—district 58, appointed by said court; that in 1880
and 1881 a wooden bridge was built by certain of said supervisors on
the line of said road, with the road tax of said district, across Beaver
creek, the same being about 80 feet long, having three stringers 5 feet
apart, 12 feet wide, and from 12 to 15 feet above the stream and ravine
through which it flows, curving to the left from the eastern end, with-
out railing, and covered in the center with loose plank 2 inches thick
and 12 inches wide, and at each end with puncheons, on the north or
lower ends of which loose logs were laid lengthwise the bridge; that,
from the opening of this road to the commencement of this action, the
supervisors of road-district 58 made regular returns of the tax by them
collected and expended on this road, including this bridge, with the
charges for their services, to the county court of Clackamas county, which
were regularly audited and settled. s ‘ -