Board of County Commissioners v. Bish
Supreme Court of Colorado
Appeal from the District Court of PI Paso County. This action was brought by appellee to recover damages sustained by her, by reason of the defective and dangerous character of a county bridge. In the court below the plaintiff obtained judgment for the sum of $500. From this judgment the county appeals.
1Opinion of the CourtChief Justice Hayt
The question presented is: Are counties in this state liable for personal injuries occasioned through the negligence of county officers, in the construction and repair of county bridges ?
The rule that counties are not liable for torts, in the absence of statute, is universally acknowledged. And the great weight of authority is in favor of the conclusion that, even when a duty is imposed by statute, the county is not liable for failure to perform it, in the absence of express provision, creating such liability. The cases sustaining the latter conclusion are so numerous that space will not…
2Cases cited1 opinion
- Kincaid v. Hardin CountySupreme Court of Iowa · 1880
3Cited by23 opinions
- Bertrand v. Board of County Commissioners of Park CountySupreme Court of Colorado · 1994
- Evans v. Board of County CommissionersSupreme Court of Colorado · 1971
- Board of County Commissioners v. AdlerSupreme Court of Colorado · 1920
- City of Aspen v. MeseroleSupreme Court of Colorado · 1990
- Liber v. FlorSupreme Court of Colorado · 1960
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