Coleman v. Eaker
Court of Appeals of Kentucky
Case 15 — Action upon an Official Bond — APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. In this action the appellant seeks a judgment for damages on account of personal injuries on a public highway; the defendants being the county road supervisor and his bondsmen. The only question is di'd the trial court err in sustaining the demurrer.
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Case 15 — Action upon an Official Bond — APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. In this action the appellant seeks a judgment for damages on account of personal injuries on a public highway; the defendants being the county road supervisor and his bondsmen. The only question is di'd the trial court err in sustaining the demurrer. This action is based on section 4314 .of the Kentucky Statutes; said .section requires a bond of the supervisor, and then adds: “The said county court, or any person aggrieved, may, •from time to time institute suit against…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE PAYNTER
Affirming.
The question involved ,is as to whether the petition states a canse of action. The 'appellant seeks to' recover damages from the appellees for the reason, as he avers, that while passing over a plank bridge or culvert, part of the public road under the care and supervision of the appellee, Ealcer, as supervisor -of roads in McCracken county, one of the wheels of his vehicle was thrown into a hole by a plank giving away, thus causing his horse to take fright *133and throw him violently from the vehicle, from which fall he sustained bodily…
2Cited by6 opinions
- Blue Grass Traction Co. v. GroverCourt of Appeals of Kentucky · 1909
- Strong v. DaySupreme Court of Oklahoma · 1916
- Moss v. RowlettCourt of Appeals of Kentucky · 1901
- Breathitt County v. HaginsCourt of Appeals of Kentucky · 1919
- Hardwick v. FranklinCourt of Appeals of Kentucky · 1905
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