Rockhold v. Board of County Commissioners

The opinion of the court was delivered by

Schroeder, J.:

This is an action to recover damages under the wrongful death statute for the death of plaintiff’s son, alleged to have been caused by a defect in a county highway. A separate demurrer to the petition by one of the joint defendants, the Board of County Commissioners of Douglas County, was sustained, and the plaintiff appeals.

Does the petition allege sufficient facts to state a cause of action against the County Commissioners?

The petition discloses that the Board of County Commissioners of Douglas County (appellee) undertook to improve a…