Board of Commissioners v. Coffenberry

42 N.E. 491, 14 Ind. App. 701, 1895 Ind. App. LEXIS 358
CourtIndiana Court of Appeals
DecidedDecember 20, 1895
DocketNo. 1,796
StatusPublished
Cited by1 cases

This text of 42 N.E. 491 (Board of Commissioners v. Coffenberry) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Commissioners v. Coffenberry, 42 N.E. 491, 14 Ind. App. 701, 1895 Ind. App. LEXIS 358 (Ind. Ct. App. 1895).

Opinion

Gavin, C. J.

The appellee recovered judgment for damages by-reason of appellant’s negligence in permitting a county bridge to become and remain 'out of repair.

At the time of the trial the decisions of the Supreme and Appellate Court held counties liable to respond in damages for such negligence and they were properly followed by the trial court.

In the case of Board, etc., v. Allman, 142 Ind. 573, the Supreme Court overruled the cases so holding and decided that counties were not required to answer in damages for negligence with reference to bridges. Following the authority of the Supreme Court we -must adjudge the complaint bad.

Judgment reversed.

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Related

Board of Commissioners v. Reinier
47 N.E. 642 (Indiana Court of Appeals, 1897)

Cite This Page — Counsel Stack

Bluebook (online)
42 N.E. 491, 14 Ind. App. 701, 1895 Ind. App. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-commissioners-v-coffenberry-indctapp-1895.