Legal Opinion

Bailey v. Lawrence County

South Dakota Supreme Court

Decided May 28, 1894PublishedCited by 26 opinions

Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action to recover damages for injuries caused by a defective bridge. Judgment for defendant, and plaintiff appeals. The facts are fully stated in the opinion.

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Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action to recover damages for injuries caused by a defective bridge. Judgment for defendant, and plaintiff appeals. The facts are fully stated in the opinion. The counties'in this state being charged with the management, construction and repair of bridges, and being created corporations, liable to sue and be sued, and having power to Collect and pay judgments and power to levy and collect any ordinary bridge tax, and a special tax on vote of the people, must be held liable for their neglect either in the manner of the…

1Opinion of the CourtCorson, P. J.

This was an action for damages for injuries sustained by the plaintiff by reason of a defective bridge, and the case comes before us on an appeal from the order of the circuit court sustaining the demurrer, and involves the question of the liability of a county in this state for an injury resulting from a defective bridge constructed by a county, constituting a part of the public highway. It is alleged in the *396complaint, in substance, that the bridge upon which the injury occurred was erected and constructed by, and under the direction of, the defendant county, and that it was the defendant’s…

2Cases cited32 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  3. Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
  4. Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
  5. Askew v. Hale CountySupreme Court of Alabama · 1875

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3Cited by26 opinions

  1. Board of Commissioners v. AllmanIndiana Supreme Court · 1895
  2. Freel v. School City of CrawfordsvilleIndiana Supreme Court · 1895
  3. Bland v. Davison CountySouth Dakota Supreme Court · 1993
  4. Merrill Ex Rel. Merrill v. BirhanzelSouth Dakota Supreme Court · 1981
  5. Jensen v. JuulSouth Dakota Supreme Court · 1938

21 more not listed; retrieve them via the Exa API.

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