Youmans v. Thornton
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. ¥m. A. Babcock, Judge. Action for damages alleged to have been caused by defective bridge.
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APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. ¥m. A. Babcock, Judge. Action for damages alleged to have been caused by defective bridge. The supreme court of Montana in the ease of Smith v. Zimmer, 45 Mont. 282, 125 Pac. 420, construing secs. 1356 and 1359, Rev. Codes of Montana, almost identical with the Idaho statutes, held “that county commissioners and road supervisors are personally responsible to an individual for injuries sustained by reason of their negligent failure to see that a highway is put in proper repair, or that warning is given of…
1Opinion of the CourtBudge, C. J.
This action was brought by appellant against respondents, the individual members, as a board of county commissioners of Cassia county, the road overseers for the east and west Burley road districts, respectively, and their respective bondsmen, to recover damages alleged to have been sustained by reason of a carelessly constructed bridge on one of the public highways of said county. A general and special demurrer was interposed, which was sustained, and, appellant refusing to plead further, judgment was entered dismissing the action. This appeal is from the judgment.
The errors assigned are:…
2Cases cited4 opinions
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Davis v. StateIdaho Supreme Court · 1917
- Worden v. WittIdaho Supreme Court · 1895
- Davis v. Ada CountyIdaho Supreme Court · 1896
3Cited by17 opinions
- Smith v. StateIdaho Supreme Court · 1970
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
- Longstreet v. County of MecostaMichigan Supreme Court · 1924
- Coldwater v. State Highway CommissionMontana Supreme Court · 1945
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