Sells v. Dermody
Supreme Court of Iowa
Appeal from Pottawattamie District Court — Hon. N. W. Maoy, Judge. The petition alleged that the defendant, as road supervisor, allowed a highway in his district to become and remain in a dangerous condition for travel; that he had oral as well as constructive notice thereof, but failed and neglected to repair the same and make it reasonably safe, though having at his disposal ample material and means for such purposes; that the particular negligence complained of consisted…
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Appeal from Pottawattamie District Court — Hon. N. W. Maoy, Judge. The petition alleged that the defendant, as road supervisor, allowed a highway in his district to become and remain in a dangerous condition for travel; that he had oral as well as constructive notice thereof, but failed and neglected to repair the same and make it reasonably safe, though having at his disposal ample material and means for such purposes; that the particular negligence complained of consisted in permitting, in an approach to a bridge, a hole 6 inches wide and 30 inches long and 18 inches deep, next to a decayed…
1Opinion of the CourtLadd, J.
1 Is a road supervisor, with ample means at his disposal, liable to an individual for damages resulting from his negligence in failing to keep the highways of his district in a reasonably safe condition for public travel ? The assumption of the duties of this office cannot be said to be strictly voluntary, as the refusal to act involves the payment of a small penalty; but it may well be doubted whether any considerable number of the citizens of this state regard with serious objection the imposition of official duties, even of this character. If service because of the public necessity were…
2Cases cited13 opinions
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- Hover v. BarkhoofCommission of Appeals · 1870
- Soper v. Henry CountySupreme Court of Iowa · 1868
- Nagle v. WakeyIllinois Supreme Court · 1896
- Commissioners of Highways v. MartinMichigan Supreme Court · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. ZimmerMontana Supreme Court · 1912
- Strong v. DaySupreme Court of Oklahoma · 1916
- Austin Western Co. v. Township of WeaverSupreme Court of Iowa · 1907
- Nolan v. ReedSupreme Court of Iowa · 1908
- Theulen v. Township of ViolaSupreme Court of Iowa · 1908
1 more not listed; retrieve them via the Exa API.