Ruffin v. Garrett
| Decision Date | 26 September 1917 |
| Docket Number | 114. |
| Parties | RUFFIN v. GARRETT ET AL. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Hertford County; Allen, Judge.
Action by J. B. Ruffin against J. R. Garrett and C. C. Hoggard. Demurrer to the complaint made ore tenus was sustained, and the action dismissed, and plaintiff appeals. Affirmed.
Supervisors of roads in township are not liable for negligently failing to keep roads and bridges in proper repair and reasonably safe condition, whereby plaintiff's automobile was damaged in crossing bridge, unless negligence was corrupt or malicious.
Walter R. Johnson, of Ahoskie, and R. C. Bridger, of Winton, for appellant.
Winborne & Winborne, of Murfreesboro, for appellees.
The complaint alleges that defendants are supervisors of the public roads in Ahoskie township, Hertford county; that it was their duty to keep in proper repair and in a reasonably safe condition the roads and bridges of said township; that defendants negligently failed to do so; that in consequence of such negligence plaintiff's automobile was badly damaged in crossing an unsafe bridge in bad condition.
The ground of the demurrer is that the complaint fails to allege that the negligence of defendants was either corrupt or malicious. The demurrer was properly sustained. This subject is fully discussed and the authorities reviewed by Justice Hoke in the recent case of Hipp v. Ferrall, 91 S.E. 831, and further discussion is unnecessary.
Affirmed.
To continue reading
Request your trial
-
Strickfaden v. Green Creek Highway Dist.
... ... Beard, 159 N.C. 63, 74 S.E. 735; ... Crowder v. Emery, 206 Ill.App. 562; Huffstuttler ... v. Crabtree, 197 Ill.App. 191; Ruffin v. Garrett, 174 ... N.C. 134, 93 S.E. 449.) ... Even in ... states admitting the liability of such officers, officers of ... ...
-
Spruill v. Davenport
... ... for the judgment, as it should have included the element of ... malice or corruption. Ruffin v. Garrett, 174 N.C ... 134, 93 S.E. 449. The passage quoted by plaintiff's ... counsel from 35 Cyc. 1095, does not sustain the position that ... ...