Soper v. Henry County
Supreme Court of Iowa
Appeal from Des Moines District Court. Liability of county for defective bridges, etc. — This is an action against the county of. Henry to recover damages sustained by tbe plaintiff while traveling on a public highway within the county, on account of a defect in a small bridge or wooden culvert, part of the road or highway. ■ The county, by its answer, denied all liability.
Read the full summary
Appeal from Des Moines District Court. Liability of county for defective bridges, etc. — This is an action against the county of. Henry to recover damages sustained by tbe plaintiff while traveling on a public highway within the county, on account of a defect in a small bridge or wooden culvert, part of the road or highway. ■ The county, by its answer, denied all liability. No question was made on the trial, as to the fact that the highway was out of repair, or that the plaintiff was injured in consequence thereof. The court, however, being of opinion that the county was not liable,…
1Opinion of the Court
Dillon, Ch. J.
1. Corporation municipal: county: liability. — The defective culvert or bridge which caused the injury for which the plaintiff sues, is part of the ordinary road or highway, in such a sense that ^ie county is not liable for its unsafe condition, unless it is liable for defects in the public roads or highways themselves.
Counties are involuntary political or civil divisions of the State, created by general statutes, to aid in the administration of government. They are essentially public in their character and purposes. They are simply governmental auxiliaries, created bodies…
2Cases cited14 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
- Rusch v. City of DavenportSupreme Court of Iowa · 1858
9 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Rogers Locomotive MacHine Works v. American Emigrant Co.Supreme Court of the United States · 1896
- Beach v. LeahySupreme Court of Kansas · 1873
- Boyer v. Iowa High School Athletic AssociationSupreme Court of Iowa · 1964
- Fry v. County of AlbemarleSupreme Court of Virginia · 1890
- Snethen v. Harrison CountySupreme Court of Iowa · 1915
42 more not listed; retrieve them via the Exa API.