Brunson v. Caskie
Supreme Court of Georgia
Petition for mandamus. Before Judge Spence. Baker superior •court. April 17, 1906. Brunson brought suit 'against Baker county for damages alleged to have been sustained because of a defective condition of a public road.
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Petition for mandamus. Before Judge Spence. Baker superior •court. April 17, 1906. Brunson brought suit 'against Baker county for damages alleged to have been sustained because of a defective condition of a public road. The cause of action attached to the summons alleged that the county authorities had negligently allowed the public road to get out of repair, and that the plaintiff’s agent, in charge of his • horse, in the exercise of ordinary care was driving the horse upon the public road, when it fell into a ditch or gully which traversed the road, and was killed, to the damage of the…
1Opinion of the CourtBeck, J.
(After stating the facts.) The first step in the inquiry as to the power of a court to compel a public officer by mandamus to do an act is to determine whether the act is within his official duty. A count}' is not liable to suit for any cause of action, unless made so by statute. Political Code, §341. There is no statute which expressly or impliedly makes a county liable in damages for injuries sustained because of a defective public road, where the injury did not occur from a defective bridge. It is clear that if the claim for damages which was the subject-matter of the plaintiff’s suit had…
2Cases cited5 opinions
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