[Download] "Wolf v. Fidelity & Deposit Company of Maryland" by Supreme Court of Kansas * Book PDF Kindle ePub Free

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eBook details

• Title: Wolf v. Fidelity & Deposit Company of Maryland
• Author : Supreme Court of Kansas
• Release Date : January 09, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

The opinion of the court was delivered by Plaintiff sued to recover damages to his automobile and for
personal injuries sustained when he drove onto a bridge which was
part of a road maintained by the county, several boards of the
floor of which had been removed in making repairs and no warning
signs or barricades indicating the road was not passable had been
put out or erected. The sole defendants were the county engineer
and the surety on his bond. Defendants filed separate motions to
strike parts of the petition, which were successfully contested.
They then separately demurred to the petition on the ground that
it did not state facts sufficient to constitute a cause of
action. This demurrer was overruled and they have appealed. In support of the ruling of the trial court counsel for
appellee frankly state:

"This action is not against Saline County. . . .
This action is not against the County Engineer by
reason of his negligence in removing the bridge
planks from the floor of the bridge and leaving it
open. It is based upon his failure to faithfully
perform his duties under the statutes which provide
that in such circumstances the County Engineer shall
act for the County, and that it is the duty of the
County Engineer to place warning signs, barricades
and lights across such a highway when its condition
is impassable and dangerous to the traveling public;
and against the surety on the County Engineer's
official bond which is conditioned that the County
Engineer `shall faithfully perform and execute the
duties of his office required of him by law."

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