Pundeman v. St. Charles County

• Decision Date: 06 June 1892
• Citation: 110 Mo. 594,19 S.W. 733
• Parties: PUNDEMAN v. ST. CHARLES COUNTY.
• Court: Missouri Supreme Court

19 S.W. 733

110 Mo. 594

PUNDEMAN v. ST. CHARLES COUNTY.

Supreme Court of Missouri, Division No. 1.

June 6, 1892.

BRIDGES — COUNTY'S LIABILITY FOR DEFECTS — CONSTITUTIONAL LAW.

1. In the absence of statutory provisions, a county is not liable for damages resulting from the failure of its officers to maintain its bridges.

2. The injury of a wagon and team by the falling of a bridge is not taking or damaging property, within the meaning of Const. art. 2, § 21, which declares that "private property shall not be taken or damaged for public use without just compensation." County of Chester v. Brower, 12 Atl. Rep. 577, 117 Pa. St. 647, distinguished.

Appeal from circuit court, St. Charles county; W. W. EDWARDS, Judge.

Action by William Pundeman against the county of St. Charles to recover damages resulting from a defective bridge in defendant's high way. Defendant had judgment on demurrer, and plaintiff appeals. Affirmed.

T. F. McDearmon, for appellant. Louis Breker, for respondent.

BRACE, J.

This is an appeal from the judgment of the circuit court of St. Charles county, sustaining a demurrer to the plaintiff's petition in an action in which the plaintiff seeks to recover $500 damages from the county of St. Charles for injuries resulting from a defective county bridge. The material allegations of the petition are as follows: "Plaintiff says that on or about the 6th day of July, 1889, Howard Washington, his employe, was, under his orders, driving two mules, with a wagon attached thereto, loaded with wheat, along the public highway leading south from the city of St. Charles, under and along the bluff, to Green's bottom, in said county; that while attempting to cross a bridge erected on and along said road, over and across what is known as `Taylor's Branch,' said bridge gave way and fell down, precipitating the said Howard Washington, employe and driver of the plaintiff, and his two mules, harness, and wagon, with the wheat therein contained, into said branch, whereby the said Howard Washington, driver of said mules, was severely injured and disabled, requiring medical attention for several weeks, and prevented from laboring and earning his maintenance for the space of one month and a half, all of which the plaintiff at great expense furnished him, and the said mules were severely cut, bruised, and crippled, so as to render them unfit for use for the space of six weeks, and greatly reducing the market value of said mules, and the said wagon and harness were broken, and completely demolished and destroyed. Plaintiff states that said bridge gave way, and fell down as aforesaid, by reason of the...