Lee County v. Yarbrough
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. /This action was brought by J. J. Yarbrough against Lee County, to recover damages for the loss of a horse, which had been killed by falling through a public bridge across Wacoochee Creek in the county; and was commenced on the 12th April, 1881. “The undisputed facts of the case,” as agreed on, were thus stated: “Some years prior to the commencement of this suit, a bridge across Wacoochee Creek in…
Read the full summary
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. /This action was brought by J. J. Yarbrough against Lee County, to recover damages for the loss of a horse, which had been killed by falling through a public bridge across Wacoochee Creek in the county; and was commenced on the 12th April, 1881. “The undisputed facts of the case,” as agreed on, were thus stated: “Some years prior to the commencement of this suit, a bridge across Wacoochee Creek in said county, on the public road between Opelika and Columbus, about twelve or fifteen miles from Opelika, was built by…
1Opinion of the CourtStone, C. J.
It is not seriously controverted in this case, that if the horse had been driven or ridden when he fell through the bridge and was destroyed, the county would have been liable, The bridge had been built at county expense, and no guaranty had been exacted from the builder. Code of 1876, § 1692; Code of 1886, § 1456; Barbour Co. v. Horn, 41 Ala. 114; Schroeder v. Colbert Co., 66 Ala. 137.
The excuses relied on in this case are — first, that the bridge had been ’ somewhat dismantled, and that notice of its unsafe condition had been posted on a tree near one of its approaches. Without intending to…
2Cases cited8 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Askew v. Hale CountySupreme Court of Alabama · 1875
- House v. Board of Comm'rs of Montgomery Co.Indiana Supreme Court · 1878
- Heacock v. ShermanNew York Supreme Court · 1835
- South & North Alabama Railroad v. WilliamsSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- O'Brien v. American Bridge Co.Supreme Court of Minnesota · 1910
- Hurd v. LacySupreme Court of Alabama · 1890
- Mobile County v. MaddoxSupreme Court of Alabama · 1915
- Brown v. Shelby CountySupreme Court of Alabama · 1920
4 more not listed; retrieve them via the Exa API.