Smith v. Jones County
Smith v. Jones County
Opinion of the Court
— The plaintiff is a married woman, and, at the time- of the accident, she was riding in an automobile driven by her husband. While driving at night upon an unfamiliar road, Smith, the driver, suddenly discovered in front of him, at a very short distance, a barrier across the road. Being unable to stop, he turned to the right. Before he was able to stop, the automobile had crashed through the fence and had skidded into a creek, or dry run, in such a way that the plaintiff was thrown out and severely injured.
The contention for the plaintiff is that the barricade guarded the former location of a county bridge, which had been washed out by a freshet some six weeks before, and that the barricade was inadequate and was not properly placed, and that, therefore, the accident was the result of a defect in a county bridge, within the meaning of the law of county liability.
To be more specific, the highway in question extended east and west, and the plaintiff was driving westward. A dry run, called a creek, crossed the highway at right angles. This creek was spanned by a bridge 16 feet in length. It was built by the county some 16 years before. On June 12, 1917, this bridge was carried away by a freshet. The authorities constructed barriers, and stopped public travel thereon for the period of one week. It is the east barrier that is involved herein. The highway was fenced on either side. On the north side was Miller’s fence, inclosing his meadow. Near the bridge was a gate in this fence. Its west post was 20 feet farther east than the eastern end of the
The general theory upon which plaintiff’s suit is predicated is that the barrier across the highway was inadequate and was improperly placed: inadequate because it was not large enough to be readily seen at a sufficient distance, and because it was not lighted; and improperly placed, because it ought to have been stationed at a point farther east, and, therefore, farther removed from the location of the bridge. The argument is that the
The particular ground on which the trial court sustained the motion for a directed verdict does not appear in the record. The argument for appellant is predicated upon the broad proposition stated in the brief as follows:
“A county having the power to bridge creeks traversing highways, and undertaking to construct bridges, is liable for negligent construction of such bridges and approaches thereto. * * * The defendant county, having the power to keep its county road open to the public, and inviting the public to travel over the same by designing and constructing a detour around the washed-out bridge, and having assumed to do so, it is in duty bound to the exercise of reasonable care, and is liable for damages due to negligence in plan or construction. If signs, danger signals, lights at night, outstanding barriers, removal of grass or weeds on declines, guards, and guard rails, were reasonably necessary, in the exercise of due care, then failure in these respects entails liability.”
Counsel have laid their foundation too broadly.. It is not correct that the field of liability of a county is coextensive with the field of duty of its public officers. We see no way to distinguish this case, in its material facts, from Snethen v. Harrison County, 172 Iowa 81. To like effect is Armstrong v. Harrison Coionty, (Iowa) 172 N. W. 953 (not officially reported) ; Gibson v. Sioux County, 183 Iowa 1006; Cunningham v. Adair County, 190 Iowa 913. Furthermore, it is not made to appear in the present case'that the bridge which was washed away was a county bridge, within the rule of county liability. All that appears is that it was a 16-foot bridge over a dry run. It was a county bridge only in the sense that it was built by the county, and so built upon a county road. It was not a county bridge
In the Snethen case,. though-the negligence of the public officials Avas assumed in the opinion, yet it was held therein that the negligence did not pertain to the construction, maintenance, or repair of a county bridge, Avithin the meaning of the rule of liability; and the plaintiff was nonsuited. The holding” there is quite conclusive here, and we have no occasion to deal with other features of the appeal. The judgment below is, accordingly,— Affirmed.
Reference
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- Mary J. Smith v. Jones County
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