County Commissioners v. Duckett
Court of Appeals of Maryland
Appear from the Circuit Court for Anuo Arundel County: This was an action brought on the 10th of August 1859, by the appellee against the appellant, to recover the value of a horse killed while being driven over one of the public roads in Anuo Arundel County, alleged to bo in bad repair.
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Appear from the Circuit Court for Anuo Arundel County: This was an action brought on the 10th of August 1859, by the appellee against the appellant, to recover the value of a horse killed while being driven over one of the public roads in Anuo Arundel County, alleged to bo in bad repair. The declaration avers that, the defendants “are bound to keep the public roads of said county in repair and in such a state as will permit safe travel over them; that one of the public roads in said comity, to wit: the public road which loads from Aune Arundel County across the Governor’s Bridge to Prince…
1Opinion of the CourtBowie, C. J.
The appellants were sued by the appellee on the 10th of August 1859, for negligently suffering a certain public road in said county to be out of repair and unmended, so as to be impassable with safety, whereby the appellee in traveling on said road with wagon and horses and using due care, had one of.his horses killed. The appellants demurred to the declaration, which demurrer being overruled, they pleaded several pleas, among others: “That they are not bound to keep the public roads of said couirty in repair, and they aver that the duty of keeping the same in repair is by the Constitution…
2Cases cited3 opinions
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
- Mayor of Baltimore v. MarriottCourt of Appeals of Maryland · 1856
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
3Cited by84 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Bruce v. RiddleCourt of Appeals for the Fourth Circuit · 1980
- Widgeon v. Eastern Shore Hospital CenterCourt of Appeals of Maryland · 1984
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
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