Board of Commissioners v. Riggs
Supreme Court of Kansas
Error from Marion District Court. Action brought by Biggs against the Board of Comm’rs of Marion Co., and the City of Florence, to recover damages sustained by certain live stock belonging to plaintiff, by reason of an unsafe and defective public bridge, in said county.
Read the full summary
Error from Marion District Court. Action brought by Biggs against the Board of Comm’rs of Marion Co., and the City of Florence, to recover damages sustained by certain live stock belonging to plaintiff, by reason of an unsafe and defective public bridge, in said county. The petition stated in substance that the bridge in question was built by the county of Marion, at a cost of over two hundred dollars; that it was a part of the public highway of the county; that it was impaired and unsafe for public travel; that the plaintiff, without any knowledge of its impairment and of its unsafe…
1Opinion of the Court
The opinion of the court was delivered by
Hórton, C. J.:
The only question presented in this case is, whether a county is liable for damages accruing from a defective and unsafe bridge, built by the county as a part of the public highway ? It is conceded by counsel that there is no express statute imposing any liability; therefore the question must be answered in the negative upon the authority of Beach v. Leahy, 11 Kas. 23, and Eikenberry v. Township of Bazaar, 22 Kas. 556.
Counsel suggest that if it be held that the case of Eikenberry v. Township of Bazaar, supra, is applicable, that in view…
2Cases cited6 opinions
- Beach v. LeahySupreme Court of Kansas · 1873
- Jansen v. City of AtchisonSupreme Court of Kansas · 1876
- House v. Board of Comm'rs of Montgomery Co.Indiana Supreme Court · 1878
- Wilson v. Jefferson CountySupreme Court of Iowa · 1862
- Eikenberry v. Township of BazaarSupreme Court of Kansas · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
- Harper v. City of TopekaSupreme Court of Kansas · 1914
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Heigel v. Wichita CountyTexas Supreme Court · 1892
- Templeton v. Linn CountyOregon Supreme Court · 1892
20 more not listed; retrieve them via the Exa API.