Rosebaugh v. Board of County Commissioners

The opinion of the court was delivered by

Burch, J.:

The action was one to recover damages for death of plaintiff’s son, caused by a defect in a highway. A demurrer to the petition was sustained, and plaintiff appeals.

The county board undertook to improve a county highway. The board purchased the material and did the work itself, instead of utilizing independent contractors. From time to time truck loads of gravel were dumped in piles bn the traveled portion of the way, and unless the gravel were promptly spread it would obstruct travel and make use of the highway dangerous. The work had been…