Williams v. Wessington Tp.
Decision Date | 12 May 1944 |
Docket Number | 8657. |
Citation | 14 N.W.2d 493,70 S.D. 75 |
Parties | WILLIAMS v. WESSINGTON TP. |
Court | South Dakota Supreme Court |
Rehearing Denied June 28, 1944.
Max Royhl and George E. Longstaff, both of Huron for appellant.
Temmey & Luby, of Huron, and Charles P. Warren, of Pierre, for respondent.
This is an appeal from a judgment recovered against Wessington Township Beadle County, for damages arising from injuries sustained on account of a defect in a secondary road over which plaintiff was traveling shortly after midnight on May 3, 1941, in an automobile driven by her husband. They ran into a washout in an approach to a bridge and plaintiff sustained personal injuries.
Counties and townships, being quasi corporations, are not liable in the absence of statute imposing liability for injuries caused by defective highways. Robinson v. Minnehaha County, 65 S.D 628, 277 N.W. 324. The reason assigned for the rule of non-liability at common law is that counties and townships are political subdivisions of the state exercising a part of the sovereign powers of the state and liable only to the extent the state itself would be in the absence of statute imposing liability. Bailey v. Lawrence County, 5 S.D. 393, 59 N.W. 219, 49 Am.St.Rep. 881. A distinction in this respect is recognized between quasi corporations and municipal corporations. The general rule is that cities and towns are liable for injuries sustained in consequence of their failure to use due care to keep their streets in a reasonably safe condition for public travel. Norberg v. Hagna, 46 S.D. 568, 195 N.W. 438, 29 A.L.R. 841; Jensen v. Juul, 66 S.D. 1, 278 N.W. 6, 115 A.L.R. 1280.
Prior to 1915, we had no statute imposing liability on townships. Hanigan v. Minnehaha County, 47 S.D. 606, 201 N.W. 522. By Chapter 210, Laws 1915, townships were made liable under certain circumstances for injuries sustained because of defects in highways, culverts and bridges. This statute, revised and re-enacted as SDC 28.0913, reads as follows:
Under the provisions of SDC 28.0401, the governing board of a township is charged with the responsibility of repairing and maintaining all secondary roads in the township.
The assignments of error bring before us for review the correctness of the interpretation by the trial court of the provisions of section 28.0913, supra. The court instructed the jury that ...
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