Brabham v. Board of Supervisors
Cases that cite this one
37 later published cases cite this decision. The 25 that cite it most often are listed here.
- Berry v. Hinds County (Miss. 1977)
- Webb v. Jackson (Miss. 1991)
- Leflore County v. Big Sand Drainage Dist. (Miss. 1980)
- Jackson v. Daley (Miss. 1999)
- Stokes v. Kemper County Bd. of Sup'rs (Miss. 1997)
- Jimmy Jackson v. Jefferson Davis County, Mississippi (Miss. 1996)
- James C. Stokes v. Kemper Cnty Bd of Suprvs (Miss. 1994)
- Presley v. Mississippi State Hwy. Com'n (Miss. 1992)
- Harrison County v. City of Gulfport (Miss. 1990)
- Thomas Boyd, a Minor, by and Through His Father and Next Friend, Robert Boyd v. Gulfport Municipal Separate School District (5th Cir. 1987)
- Dumas v. Pearl River Basin Development District (District Court, S.D. Mississippi 1985)
- Pruett v. City of Rosedale (Miss. 1982)
- French v. Pearl River Valley Water Supply Dist. (Miss. 1981)
- Jones v. Knight (Miss. 1979)
- Board of Education of Forrest County v. Sigler (Miss. 1968)
- State ex rel. Patterson v. Bd. of Supervisors (Miss. 1958)
- Simpson County v. Kelly (Miss. 1936)
- Board of Sup'rs v. Payne (Miss. 1936)
- State Highway Commission v. Knight (Miss. 1934)
- Federal Land Bank v. Leflore County (Miss. 1934)
- Sevier Lake Drainage Dist. v. Kinney (Miss. 1929)
- Ayres v. Board of Trustees (Miss. 1924)
- Pidgeon Thomas Iron Co. v. Leflore County (Miss. 1924)
- Mississippi Live Stock Sanitary Board v. Williams (Miss. 1923)
- City of Grenada v. Grenada County (Miss. 1917)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
The plaintiff in error sued the defendant in error to recover damages for the death of her husband, produced by the falling of a county bridge while he was crossing it with his wagon and team.
If a county can be held liable for damages suffered in consequence of neglect to repair a county bridge in any ease, it should be held so in this. At common law, a county could not be so held liable. No statute makes it liable. The “ demands,” “ accounts ” and “ claims ” contemplated in the statutes to be audited and allowed by board’s of supervisors, and authorized to be sued on, if allowance is refused by the board, are manifestly such liabilities of the county as are provided for by some statute. A county can have no liability except as authorized, expressly or by necessary implication, by some statute. Counties are political divisions of the State, created for convenience. They are not corporations with the right to sue and be sued as an incident to their being, but are quasi corporations, invested by statutes with certain powers, and subject to certain liabilities, and can neither sue nor be sued, except as authorized by statute. The right to maintain a suit like this against a county is not only outside of the contemplation of the statutes, but is opposed by every consideration of sound policy. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.