Downing v. Mason County
Court of Appeals of Kentucky
Case 39 — PETITION ORDINARY APPEAL FROM MASON CIRCUIT COURT. A county may be held liable for a tort. (May v. Mercer County Court, 30 Eed. Rep., 246.) There is no liability on a county for a tort except by provision of a statute. (Wheatley v. Mercer, 9 Bush, 704; Brabham v. Supervisors of Hinds Co., 28 Am. Rep., 352; Wood v. Tipton, 32 Am. Rep., 561; White v. Commissioners, 47 Am. Rep., 534; Wehn v. Commissioners, 25 Am. Rep., 497.)
1Opinion of the Court
JUDGE HOLT
delivered tiie opikion oe the court.
The appellant avers that the appellee “unlawfully, carelessly, and negligently ” so changed and obstructed the course of a stream as to food his premises.
A county can necessarily act only through its agents. If liable at all for a tort, it can only be when committed by its agents engaged in the course of its business.
It is inferable from the petition that the act complained of was done by them in the erection of a county jail. Assuming this to be so, or that it was done at least in the course of the county’s employment, and within the scope of its…
2Cases cited5 opinions
- Salt Lake City v. HollisterSupreme Court of the United States · 1886
- Brabham v. Board of SupervisorsMississippi Supreme Court · 1877
- Kincaid v. Hardin CountySupreme Court of Iowa · 1880
- Wehn v. Commissioners of Gage CountyNebraska Supreme Court · 1877
- Treichel v. Great Northern Railway Co.Supreme Court of Minnesota · 1900
3Cited by31 opinions
- Yanero v. DavisKentucky Supreme Court · 2001
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Freel v. School City of CrawfordsvilleIndiana Supreme Court · 1895
- Templeton v. Linn CountyOregon Supreme Court · 1892
- Kentucky State Park Commission v. WilderCourt of Appeals of Kentucky (pre-1976) · 1935
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