Williams v. Colbert County

• Decision Date: 13 January 1887
• Parties: WILLIAMS v. COLBERT CO.
• Court: Alabama Supreme Court

1 So. 74

81 Ala. 216

WILLIAMS v. COLBERT CO.

Supreme Court of Alabama

January 13, 1887

Appeal from circuit court, Colbert county.

Action against county for damages from defective bridge.

J B. Moore and James Jackson, for appellants.

R B. Lindsey and W. & L. B. Cooper, contra.

STONE C.J.

At some time before May 11, 1880, O. H. P. Williams furnished to the court of county commissioners of Colbert county specifications for building a bridge across Buzzard Roost creek, in said county. The paper containing those specifications was produced, and proved to be the true paper on the trial of this case. On May 11, 1880, the court of county commissioners in session "resolved that the specifications furnished by O. H. P. Williams for the bridge over Buzzard Roost creek, on the Cherokee and Pleasant Site road, be adopted, and that the building of said bridge be let out to the lowest bidder on the eleventh day of June, 1880 and that due notice of the letting of said bridge be given by publication for three successive weeks in the Tuscumbia Democrat, notifying bridge builders of the letting of said bridge, and that the members of this court attend at Cherokee on said eleventh day of June, 1880, and superintend the letting of said bridge, and contracting for the same in person."

On July 12, 1880, the court of county commissioners made and entered the following order: "Ordered that O. H. P. Williams be allowed the sum of $260.53 for building a bridge over Buzzard Roost creek, near William Hamilton's, to be paid for as the law directs. It is further ordered that the judge and chairman of this court withhold and not issue the above allowance until the committee report said bridge completed according to the contract and specifications."

On the margin of the book in which the foregoing order was entered, was the following: "No. 358. Issued August 5, 1880. A. W. LIGON, Judge."

On July 13, 1880, the following order was made and entered by the court: "Ordered that James A. Barton, W. M. Turner, and J. W. Dean, be, and they are hereby, appointed a committee to superintend the building of the bridge over Buzzard Roost creek near William Hamilton's, and see that said bridge is built according to contract and specifications, and, when thus completed, to report the same to this court."

In the office of the judge of probate, indorsed, "Filed August 5, 1880, A. W. LIGON, Judge," was found the report of the committee, of which the following is a copy:

"We, the undersigned committee appointed to inspect the bridge recently built over Buzzard Roost creek near William Hamilton's, by O. H. P. Williams, in the absence of any contract or specifications would respectfully state the bridge is built of good heart timber, and in good, workman-like order.

" Cherokee, Ala., August 5, 1880.

"Respectfully submitted, J. A. BARTON.

"W. M. TURNER.

"J. W. DEAN.

Testimony was offered tending to show that thorough search had...