26-Y · T P FEDERAL nnroarna. y · y
On June 20, 1886, while the plaintiff was traveling from Eastern Or-
egon to Portland, by the way of .the,..Barlow road, across the Cascade
mountains, in a buggy drawn by two horses, with John Morgan as a com-
panion, he came down the stream to the eastern end of this bridge, and,
following the road, turned shortly onto it, on a descending grade. At
the time bushes and small trees had. grown up on either side of the
bridge, and particularly on the upper or left side, so that the foliage ob- ,
scured the surroundings, and prevented, in connection with the curve
in the bridge, an uninterruptedview of the roadway thereof, The bridge
was somewhat loweron the upper than the lower side,and about 30 feet,
from the eastern Tend a plank had slipped to the left as far as the middle
stringer or been broken on there, leaving a hole in _the right-hand side_
of theroadway- about 4 feet long and 12 inches wide. .When the team
came to this opening the off horse shied or crowded to the left, thereby _
° pushing the nearone to theedge of bridge in the dense ingrowing and
overhanging foliage, when the animal, unconscious of the danger,. stepped
` oif the bridge,»and fell to the bottom,drawing the other horse and buggy
after him. ~ As the horses shied,.Morgan jumpedout ofthe buggy, but
the plaintiff, who -was driving, went over with the _1 teamt into the creek
below, falling with his head and shoulders between two,1ogs,_fron1 which
situation he was soon rescued by Morgan. The buggy was badly cracked,
bent, and strained, theharness was much broken, and the horses con-
‘ siderably scratched and bruised. , The plaintiff was painfully bruised on
’ the left side, and suffered a fractureof the ulna or lower bone of the left
arm, between the middle and lower third. ` y ·
`With theassistance of as person living in the vicinity, the horses and
buggy were gotten out of the creek, and put together, and the plaintiff
and his companion drove on a few miles to a place called Sandy, where
they spent the night, and the next day they drove to Portland, a distance
of about 25miles. ,Here.the plaintid put his team in a livery stable for
t care for twomonths at a cost of $1 per day, at the endof which the out-
Ht was disposed of for $175, the same having cost at Walla Walla, a
few weeks before, $425; that is, $200 for the buggy, $175 cfor the horses,
and $50 for the harness. On the day after his arrival in Portland the
plaintid, his arm being badly swollen, and, as he thought, broken, vis-
ited a physician, who told him he c0uld,not tell then,whethor his arm
. was broken ornot, and advised .him to put it in a sling,.and bathe it
with a certain liniment, which he did for ten days or two_weeks; when
he went topanother physician, who told him his arm was broken, and
also a rib, and set the former, and put it in splints; and afterwards in-
troduced him to a third physician, who said so much time had elapsed
he could not tell what to do for him ;_ when he went to a fourth one, who
says he treated histarm for a month or two, during which time he greg
_ duced thefracture, and put it into splints, where the plaintiff says it
. remained until last spring. The defendant having in its answer and
otherwise denied that the plaintiifsarm was b1·oken,_on the trial the
arm was submitted to the examination of several physicians, two of whom
were called by the defendant, and they all agreed there had been a fract-
ure of the ulna, followed by delayed union; that the ends of the bone