Chick v. Newberry County

Citations

• 27 S.C. 419
• 3 S.E. 787

Syllabus

<p>1. The Court of Common Pleas has original jurisdiction of such actions ex delicto as may, by law, be prosecuted against a county, where the act complained of is the result of alleged negligence on the part of the county commissioners.</p> <p>2. Municipal corporations are not liable in a civil action for damages, unless made so by statute. And where a county is made liable for damages caused by defective highways, causeioays, or bridges, it is not thereby made liable for injuries caused by a defective flat-boat on a ferry operated by the county commissioners.</p> <p>3. A flat-boat at a ferry connecting the highways on the opposite banks of a river, is not itself a highway within the meaning of this statute. Gen. Stat., 1087.</p> <p>4. Whatever may be the jurisdiction of county commissioners over ferries {Const., art. IV., \\ 19), no action can be maintained against the county for damages except in cases specially provided for by law.</p> <p>5. Nothing done by county commissioners can operate by way of estoppel to subject a county to an action not authorized by law.</p>