Citation Numbers: 116 Ga. 371
Judges: Adams
Filed Date: 10/29/1902
Status: Precedential
Modified Date: 1/12/2023
Seymore sued the County of Elbert, upon the ground that his live stock and wagon were injured because of the defective condition of a bridge built over and across a gully or gulch in that county. His petition was dismissed on demurrer, and a writ of error is filed to the judgment of the court sustaining the demurrer. The petition alleges a primary liability against the county. The allegations in the declaration are, that petitioner’s wagon was being driven along a public road in the county, which road the county worked, repaired, and used as one of its public roads, and across which it built a bridge 18 feet long, so as to span a gully or gulch 18 feet wide crossing said road. It is nowhere stated that the bridge was a public bridge, or that it was erected after the passage of the act approved December 29, 1888 (Acts 1888, p. 39). “A county is not liable to a suit for any cause of action unless made so by statute.” Pol. Code, § 341. “ The county,
Judgment affirmed.