Legal Opinion

Wilson v. Jefferson County

Supreme Court of Iowa

Decided April 18, 1862PublishedCited by 35 opinions

Appeal from Jefferson District Court. The facts are stated in the opinion of the court. as to the duties of county judges concerning roads, cited the Code of 1851, §§ 514, 518, 569; as to the duties of supervisors, Code of 1851, § 582 ; as to the liability of road districts for damages, Laws of 1858, ch. 48, §§ 16, 17; as to the liability of supervisors, Laws of 1858, chap. 154, § 28, and § 902, Revision of 1860; as to the point that at common law the county would not be…

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Appeal from Jefferson District Court. The facts are stated in the opinion of the court. as to the duties of county judges concerning roads, cited the Code of 1851, §§ 514, 518, 569; as to the duties of supervisors, Code of 1851, § 582 ; as to the liability of road districts for damages, Laws of 1858, ch. 48, §§ 16, 17; as to the liability of supervisors, Laws of 1858, chap. 154, § 28, and § 902, Revision of 1860; as to the point that at common law the county would not be liable, Mower y. Leicester, 9 Mass., 248. L The law imposes upon the county the duty of building, supervising and the…

1Opinion of the CourtLowe, J.

In June, 1860, a bridge, constructed by the defendant over a stream called the Big Cedar, on one of the highways in said county, gave way and fell through whilst the plaintiffs’ team was passing over the same, damaging said team and the goods in the wagon, as is alleged, $1,000; to recover which the plaintiffs brought their suit against the County of Jefferson, alleging, in addition to the above, that the under timbers of said bridge were defective and rotten, a fact alleged to have been known to defendant, but not to plaintiffs; nor was such defect visible to the *183traveler; nor was the…

2Cases cited1 opinion

  1. White v. Road District No. 1Supreme Court of Iowa · 1859

3Cited by35 opinions

  1. Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
  2. Boyer v. Iowa High School Athletic AssociationSupreme Court of Iowa · 1964
  3. Collins v. City of Council BluffsSupreme Court of Iowa · 1871
  4. House v. Board of Comm'rs of Montgomery Co.Indiana Supreme Court · 1878
  5. Snethen v. Harrison CountySupreme Court of Iowa · 1915

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