Legal Opinion

Brabham v. Board of Supervisors

Mississippi Supreme Court

Decided April 15, 1877PublishedCited by 41 opinions

Error to the Circuit Court of Hinds County. 'Hon. S. S. Calhoon, Judge. cited the following authorities: Stephens on Pleading, 91, note; Russell v. Men of Devon, 2 T. R. 667; Code 1871, § 1384; Constitution, art. 6, § 20 ; art. 12, § 16 ; Code 1871, §§ 1363, 2362, 2374; Grant on Corporations, 501; Mayor, ¿f*e. of Lyme Regis v. Henley, 2 Cl. & Fin. 331; La Salle Go. v. Simmons, 5 Gilman (Ill.), 520 ; Broivn v. Jefferson Go., 16 Iowa, 341; Soper v. Henry Go., 26 Iowa, 264;…

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Error to the Circuit Court of Hinds County. 'Hon. S. S. Calhoon, Judge. cited the following authorities: Stephens on Pleading, 91, note; Russell v. Men of Devon, 2 T. R. 667; Code 1871, § 1384; Constitution, art. 6, § 20 ; art. 12, § 16 ; Code 1871, §§ 1363, 2362, 2374; Grant on Corporations, 501; Mayor, ¿f*e. of Lyme Regis v. Henley, 2 Cl. & Fin. 331; La Salle Go. v. Simmons, 5 Gilman (Ill.), 520 ; Broivn v. Jefferson Go., 16 Iowa, 341; Soper v. Henry Go., 26 Iowa, 264; Sutton v. Board of Police, 41 Miss.-237 ; Pilce Go. v. Hosford, 11 Ill. 176; Adams v. Logan Go., 11 Ill. 336; 4 Ohio, 513 ;…

1Opinion of the CourtCampbell, J.

The plaintiff in error sued the defendant in error to recover damages for the death of her husband, produced by the falling of a county bridge while he was crossing it with his wagon and team.

If a county can be held liable for damages suffered in consequence of neglect to repair a county bridge in any ease, it should be held so in this. At common law, a county could not be so held liable. No statute makes it liable. The “ demands,” “ accounts ” and “ claims ” contemplated in the statutes to be audited and allowed by board’s of supervisors, and authorized to be sued on, if allowance is refused…

2Cited by41 opinions

  1. Pruett v. City of RosedaleMississippi Supreme Court · 1982
  2. Harrison County v. City of GulfportMississippi Supreme Court · 1990
  3. Presley v. Mississippi State Hwy. Com'nMississippi Supreme Court · 1992
  4. Jackson v. DaleyMississippi Supreme Court · 1999
  5. Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894

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