Woods v. County Commissioners
Nebraska Supreme Court
Error, to the district court of Colfax county. Tried below before Post, J. citing Gen. Stat., 232, 931, and Laws 1875, p. 12, contended that these provisions of the law show that counties have the power to make, alter, and repair roads and bridges within their limits, and where the law imposes a duty upon a county, by its commissioners, to build and repair roads and bridges, it also gives a remedy for injuries resulting from its non-performance.
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Error, to the district court of Colfax county. Tried below before Post, J. citing Gen. Stat., 232, 931, and Laws 1875, p. 12, contended that these provisions of the law show that counties have the power to make, alter, and repair roads and bridges within their limits, and where the law imposes a duty upon a county, by its commissioners, to build and repair roads and bridges, it also gives a remedy for injuries resulting from its non-performance. Angelí & Ames on Corps., 214. Soper v. Henry Co., 26 Iowa, 246. Barrett v. Brooks, 21 Iowa, 144. Bell v. Foutch, 21 Iowa, 119. McCullom v. Blackhaiok…
1Opinion of the Court
Maxwell, Ch. J.
In the year 1876 the plaintiff was injured by the breaking down of a public bridge in Colfax county, and brought an action in the district court of that county to recover damages therefor. The defendants demurred to the petition on the ground that the facts stated therein were not sufficient to constitute a cause of action. The demurrer was sustained and the cause dismissed. The plaintiff brings the cause into this court by petition in error.
The question presented is, whether the county is liable for the neglect of the county commissioners in failing to keep a public bridge in…
2Cases cited3 opinions
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Ward v. County of HartfordSupreme Court of Connecticut · 1838
- Wehn v. Commissioners of Gage CountyNebraska Supreme Court · 1877
3Cited by27 opinions
- Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
- County of San Mateo v. CoburnCalifornia Supreme Court · 1900
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Heigel v. Wichita CountyTexas Supreme Court · 1892
- Templeton v. Linn CountyOregon Supreme Court · 1892
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