McCarty v. Bauer
Supreme Court of Kansas
Error from Leavenworth County. Bauer sued McCarty in District Court for damages alleged to have been caused in wrongly locating the lines of lot 29, block é9 Leavenworth. The work was alleged to have been done in a careless and unskillful manner. McCarty was a practical surveyor, and made the survey at the request of Bauer, in April 1862, and received $2.50 therefor.
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Error from Leavenworth County. Bauer sued McCarty in District Court for damages alleged to have been caused in wrongly locating the lines of lot 29, block é9 Leavenworth. The work was alleged to have been done in a careless and unskillful manner. McCarty was a practical surveyor, and made the survey at the request of Bauer, in April 1862, and received $2.50 therefor. It was shown that buildings located according to such survey by the owner of the lot, Bauer, extended over upon the adjoining lot two feet and two tenth’s inches. At the time of the survey it was shown that McCarty was surveyor…
1Opinion of the Court
By the Court,
Crozier, C. J.
Two questions are made in the argument:
First. McCarty being the city engineer and doing the work he performed for Bauer, as such, is not liable unless it were negligently done.
Second. He was not liable if it were done in a private capacity, if he exercised in, and brought to the performance thereof, ordinary care and a reasonable amount of skill, although he may have made a mistake.
An ordinance of the city required McCarty to survey and mark the boundaries of lots within the city when called upon so to do by private individuals, and prescribed his fees therefor. He…
2Cited by3 opinions
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- Branner v. StormontSupreme Court of Kansas · 1872
- Waller v. City of DubuqueSupreme Court of Iowa · 1886