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21 Cal. 426

Huffman v. San Joaquin Cty.

California Supreme Court

Decided July 1, 1863

California Supreme Court · decided 1863-07-01

<p>Appeal from the Fifth Judicial District.</p> <p>The facts appear in the opinion of the Court.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1863-07-01

How this case has been cited

Cited by 11 later decisions — most recently February 1920

11 state decisions

301863187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Field, C. J. delivered the opinion of the Court

¶1J. and Norton, J. concurring.

¶2The plaintiff in this action seeks to recover damages against the county of San Joaquin, for injuries alleged to have been sustained by him in consequence of the want of proper repairs to a bridge on a public highway of the county. The complaint alleges, substantially, that it was the duty of the county to keep the bridge in question in proper repair and condition; that the bridge was out of repair and “ dangerous for travel that the county neglected to repair it, and that the plaintiff had sustained special damage thereby ; and that his claim for damages had been presented to the Board of Supervisors of the county, properly vouched, and been rejected. The case comes before us on demurrer to the complaint, the Court below having sustained the demurrer and entered final judgment thereon.

¶3There was no error in the ruling of the Court. The statute *430devolves upon Boards of Supervisors the management and control of bridges in their respective counties, and upon Road Overseers of the county the duty of keeping bridges on public highways in repair. (Act creating Board of Supervisors of March 26th, 1855, sec. 9; and Act concerning Roads and Highways of April 28th, 1855, sec. 5.) If any remedy exist for injuries resulting from neglecting to keep such bridges in repair, it must be sought either against the Road Overseers or Supervisors personally.

¶4Judgment affirmed.

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