Askew v. Hale County
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. The record does not give the name of the presiding judge. The suit was commenced by appellant against tbe appellee, to recover damages for tbe loss of a horse, tbe injury to another and a buggy, caused by tbe unskillful and negligent manner in which tbe superintendent of bard labor for tbe county, bad repaired a bridge, part of a public highway, which the plaintiff was crossing, when tbe loss and injury was sustained.
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Appeal from the Circuit Court of Hale. The record does not give the name of the presiding judge. The suit was commenced by appellant against tbe appellee, to recover damages for tbe loss of a horse, tbe injury to another and a buggy, caused by tbe unskillful and negligent manner in which tbe superintendent of bard labor for tbe county, bad repaired a bridge, part of a public highway, which the plaintiff was crossing, when tbe loss and injury was sustained. Tbe complaint contains three counts — tbe first of which avers, tbe commissioner’s court of tbe county, as they were by law authorized,…
1Opinion of the Court
BEICKELL, O. J.
The argument in support of the first and third counts, is the same substantially, and may be thus-stated: counties are municipal corporations, charged with the-ministerial duty of keeping in repair the public roads and bridges, so that they shall be safe and commodious ways, for the passage of the public. The law imposing the duty, for_ misfeasance or nonfeasance in its performance, from which injury ensues to an individual, an action will lie. In support of the argument reference is made to many of the *641numerous authorities, which hold municipal corporations, enjoined to keep…
2Cases cited7 opinions
- Manning v. PippenSupreme Court of Alabama · 1888
- Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
- Covington County v. KinneySupreme Court of Alabama · 1871
- Terrell v. GreenSupreme Court of Alabama · 1847
- Barbour County v. HornSupreme Court of Alabama · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- 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
74 more not listed; retrieve them via the Exa API.