Schneider v. Cahill

• Decision Date: 22 April 1910
• Citation: 127 S.W. 143
• Parties: SCHNEIDER v. CAHILL.
• Court: Kentucky Court of Appeals

127 S.W. 143

SCHNEIDER v. CAHILL.

Court of Appeals of Kentucky.

April 22, 1910

Appeal from Circuit Court, Jefferson County, Common Pleas Branch Second Division.

"Not to be officially reported."

Action by Goldie Schneider, by her next friend, against J. H Cahill. From a judgment of dismissal, plaintiff appeals. Affirmed.

Fox &amp Lucas, for appellant.

Edwards, Ogden & Peak, for appellee.

LASSING J.

In Jefferson county the public roads are maintained by taxation, rather than by "calling out the hands," as formerly. J. H. Cahill was a supervisor or contractor for the county, having charge of the construction of one of the county roads. Appellant, a young lady suing by her next friend, sought to recover of appellee, Cahill, damages for an injury alleged to have resulted from the negligence of appellee in permitting a ditch to remain open and unguarded upon the public road. A demurrer was sustained to the petition, and, plaintiff declining to plead further, her petition was dismissed. She appeals. She charges, in substance: That, while appellee was supervising the construction of one of the public roads in that county, he permitted it to become and remain unsafe for public travel by cutting a ditch therein and permitting it to be left open and unguarded; that appellant fell into the ditch and was injured.

This court has frequently held that for such an injury neither the county nor the county officials (judges, justices of the peace, and overseers), charged with the duty of looking after the county roads, are answerable in damages for similar injuries. Moberly v. Carter Co., 5 Ky. Law Rep. 694; Hite v. Whitley County Court, 91 Ky. 168, 15 S.W 57, 11 L. R. A. 122; Wheatly v. Mercer, 72 Ky. 704; Hardwick v. Franklin, 120 Ky. 78, 85 S.W. 709, 27 Ky. Law Rep. 484; Sheppard v. Pulaski County, 18 S.W. 15, 13 Ky. Law Rep. 672. And in the more recent cases of Moss v. Rowlett, 112 Ky. 121, 65 S.W. 153, 358, 23 Ky. Law Rep. 1411, and Blue Grass Traction Co. v. Grover, 123 S.W. 265, it is held that the rule exempting county officials and overseers from such liability extends to and exempts supervisors or contractors on public roads from liability for similar accidents, on the idea that to hold them liable for injuries of this character would be to practically defeat the purposes of the statute, as no one would be willing to do the work for the compensation allowed if burdened with the liability to be...