Wallace v. Skagit County
| Decision Date | 20 March 1894 |
| Citation | 8 Wash. 457,36 P. 252 |
| Parties | WALLACE v. SKAGIT COUNTY. |
| Court | Washington Supreme Court |
Appeal from superior court, Skagit county; Henry McBride, Judge.
Action by A. J. Wallace against Skagit county. Judgment for defendant. Plaintiff appeals. Affirmed.
Frank Quinby and Fermer Pushor, for appellant.
Wells & Joiner, for respondent.
Appellant is seeking to hold the county of Skagit responsible for the default of a contractor in not paying the wages of his laborers, the commissioners not having taken a bond as required by Gen. St. § 2415. The work contracted for was a local ditch, under Gen. St. tit. 21, c. 1. We agree entirely with the court below that the construction of ditches under these laws is not a county improvement, but a purely local one, in which all expenses are payable by the district benefited, and the commissioners act as statutory agents of the improvers. Board v. Fullen (Ind. Sup.) 12 N.E. 298; Little v. Board (Ind. App.) 34 N.E. 499; Dashner v. Mills Co. (Iowa) 55 N.W. 468. The public is not interested in the matter, and the statute with regard to bonds has no application to such cases. Judgment affirmed.
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Rounds v. Whatcom County
... ... 135, and 39 P ... 280, presented a similar question, and neither of these cases ... is analogous to the case at bar. In Wallace v. Skagit ... Co., 8 Wash. 457, 36 P. 252, this court held that the ... construction of a local ditch, the cost of which was payable ... ...
- Kohler v. Fairhaven & N.W. Ry. Co.