Hathaway v. . Hinton
Supreme Court of North Carolina
Action on the case to recover damages for an injury to a stage coach and horses, occasioned by the breaking down of a bridge, which defendant was bound to repair, tried before his Honor Judge Ellis, at Fall Term, 1853, of Pas-quotank Superior Court. The defendant was the overseer of a public road, leading from Elizabeth City to Norfolk, in Virginia, and was duly notified, of his appointment.
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Action on the case to recover damages for an injury to a stage coach and horses, occasioned by the breaking down of a bridge, which defendant was bound to repair, tried before his Honor Judge Ellis, at Fall Term, 1853, of Pas-quotank Superior Court. The defendant was the overseer of a public road, leading from Elizabeth City to Norfolk, in Virginia, and was duly notified, of his appointment. The bridge in question was a part of the public road, and had been recognized as such for three years, and had been taken in charge by the previous overseers'of the road, and repaired from time to time,…
1Opinion of the CourtBattle, J.
The general liability of an overseer for any peculiar and special damages, sustained by an individual jn consequence of the failure of such overseer to keep his road in repair, seems not to have been questioned on the trial. The contrary proposition' has been suggested in tire argument liere, but we thinlc without sufficient grounds for its support. The State, as the sovereign power, undoubtedly has the right to command the services of each and every one of her citizens, in whatever employments she may deem necessary for the promotion of her safety, or her welfare, for which he may be…
2Cited by18 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Hipp v. FerrallSupreme Court of North Carolina · 1917
- Miller v. . JonesSupreme Court of North Carolina · 1945
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