Almon v. Terrell County

A county is not liable in damages for an assault committed by a county warden in the course of the county’s grading and road work under a contract with the State Highway Department under Code (Ann. Supp.) § 95-2217. A county is not liable for any cause of action unless a statute provides therefor, or unless the cause of action arises out of the constitutional prohibition contained in Code (Ann.) § 2-301. Code § 23-1502. The present action does not come under any constitutional or statutory provision. The fact that the contract between the county and the State Highway Department provided that…