Legal Opinion

Douglas County v. Taylor

Nebraska Supreme Court

Decided February 3, 1897No. 7045PublishedCited by 19 opinions

Error from the district court of Douglas county-Tried below before Hopewell, J. The facts are stated by the commissioner. Tbe action is one sounding in tort for wbicb a county is not liable unless made so by express provision of statute.

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Error from the district court of Douglas county-Tried below before Hopewell, J. The facts are stated by the commissioner. Tbe action is one sounding in tort for wbicb a county is not liable unless made so by express provision of statute. (Russell v. Men of Devon, 2 T. R. [Eng.], 671; Wehm v. Gage County, 5 Neb., 494; Woods v. Colfax County, 10 Neb., 552; Hamilton County v. Mighels, 7 O. St., 109; Orowell v. Sonoma County, 25 Cal., 313; Sehuyler County v. Mercer County, 4 Gilm. [Ill.], 20; Goimty of Rock Island v. Steele, 31 Ill., 543; Granger v. Pulaski County, 26 Ark., 37; Monroe County v.…

1Opinion of the Court

Ragan, C.

Joseph H. Taylor brought this suit in the district court of Douglas county against said county, the individuals composing its board of commissioners, and the city of Omaha, to recover damages which he alleged his real estate had sustained by reason of the grading of a street or highway in front thereof. At the close of the evidence the district court directed a verdict returned in favor of the gentlemen composing the board of commissioners and the city of Omaha, which was done and a judgment entered dismissing them out of the action. The case proceeded to trial against Douglas county…

2Cases cited10 opinions

  1. Brown v. CommissionersNebraska Supreme Court · 1877
  2. Woods v. County CommissionersNebraska Supreme Court · 1880
  3. City of Chadron v. GloverNebraska Supreme Court · 1895
  4. Hollingsworth v. Saunders CountyNebraska Supreme Court · 1893
  5. Wehn v. Commissioners of Gage CountyNebraska Supreme Court · 1877

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3Cited by19 opinions

  1. Gledhill v. StateNebraska Supreme Court · 1932
  2. Roe v. County of CookIllinois Supreme Court · 1934
  3. Mayer v. Studer & Manion Co.North Dakota Supreme Court · 1935
  4. Board of Com'rs of Rogers County v. BaxterSupreme Court of Oklahoma · 1925
  5. Hill-Behan Lumber Co. v. State Highway CommissionSupreme Court of Missouri · 1941

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