Nagle v. Wakey
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding.
1DissentJustice Phillips
I cannot concur in the conclusion reached by the majority of the court nor with what is said in the opinion. By section 2 of the Road and Bridge, act it is declared: “The commissioners of highways shall have charge of the roads and bridges of their respective towns, and it shall be their duty to keep the same in repair and to improve them, so far as practicable,” etc. Highway commissioners in charge of roads and bridges owing the duty to keep the same in repair, in the discharge of their duties engage in the performance of a ministerial duty, and are generally liable for negligent performance…
2Cases cited16 opinions
- Mississippi v. JohnsonSupreme Court of the United States · 1867
- Grider v. TallySupreme Court of Alabama · 1884
- Hover v. BarkhoofCommission of Appeals · 1870
- House v. Board of Comm'rs of Montgomery Co.Indiana Supreme Court · 1878
- Stilz v. City of IndianapolisIndiana Supreme Court · 1877
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