Penick v. County of Morgan

62 S.E. 300, 131 Ga. 385, 1908 Ga. LEXIS 90
Supreme Court of Georgia·Decided August 19, 1908·Published·Cited by 27 cases

Opinion

Holden, J.

The plaintiff brought suit against the County of Morgan, alleging, that since December 29, 1888, the county authorities of said county caused a bridge to be erected on one of its public roads; that in November, 1903, while the plaintiff, with his wife and child, was driving across said bridge in a buggy drawn by two horses, the bridge broke in the middle and fell through, causing the damages for which he sued; that he was without fault, and the damages resulted from the defective construction of said bridge, which defective construction was known to the county authorities. The plaintiff offered in evidence a book. At the top of each page thereof was printed the words “Public Eoad Begister.” This book showed a public road named “Eoad leaving Buckhead and Park’s Mill Eoad, Swords, Ga.,” and described as leading from Buckhead, Park’s Mill Eoad, via Swords, to Buckhead and Park’s Mill Eoad, 11/3 miles m length, 20 feet wide, and in the [387] second class of roads. The plaintiff also introduced the book of minutes of the county commissioners of December 13, 1900, containing the following entry: "Mr. J. B: Swords appeared before the board, asking that an old road near his place be opened and made a public road. Messrs. Walker and Walton are appointed a committee to go over the ground and investigate it and report to the next meeting.” Also, an entry dated Jan. 1, as follows: "The committee appointed to look into the practicability of opening a road near J. B. Swords, in Kingston District, report in favor of the same, and the report is. adopted.” The only oral evidence of the plaintiff necessary to be set out is as follows: The county authorities were petitioned to open the road from Swords to Park’s Mill. There was a petition signed by Swords and others. The superintendent of public roads in 1900 cut the road and built the bridge in question with pine poles as sleepers. The life of a pine pole would not be longer than two years. Oak timbers would last a good many years. The road was laid out in 1899 or 1900. Walker and Walton, two of the county commissioners, laid put the road. After the accident the bridge was rebuilt, and the county authorities have worked the road since that time. The public has traveled the road ever since it was laid out. Usher Thomason owned the land through which the road runs where the bridge was built, at the time the road was laid out and the bridge built. J. B. Swords went before the county commissioners and asked them to lay out the road. Before doing this he went to Thomason and asked permission to run the road through his land. He gave the permission, and after that they went forward and made the road. The road has been worked regularly as a county road ever since it was first laid out,.as other roads in that section of the county have been worked. When Swords brought the matter to the attention of the board, they appointed two of their members to go and open the road. It passed through Thomason’s and Swords’s lands,* and a short space on Mrs. Knight’s land. Since it has-been laid out the road has been worked and used by the public as a public road. Thomason testified that he agreed to allow the county authorities to have a road, and "I yielded to it, and always permitted them to have a road.” Plaintiff testified that in October, 1903, the bridge fell in while he was driving over it, causing injuries which he detailed and for which the suit was [388] brought. He knew nothing of the defective condition of the bridge. Upon the conclusion of the evidence, the court directed a verdict for the defendant, and the plaintiff excepted. The defendant by cross-bill excepted to rulings hereinafter stated.

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Penick v. County of Morgan, 62 S.E. 300, 131 Ga. 385, 1908 Ga. LEXIS 90 (Ga. 1908).

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