Ebert v. Commissioners of Pickaway County

Citations

• 75 Ohio St. (N.S.) 474

Syllabus

<p>Liability of county commissioners — For negligence in keeping road or bridge in repair — Section 84s, Revised Statutes — Interpretation of statute — Commissioners not liable for damages from stone pile, when.</p> <p>Consistently with the rule that statutes in derogation of the common law should not be extended beyond the natural meaning of their terms, the amendment of April 13, 1894, of Section 845 of the Revised Statutes that “any such board of county commissioners shall be liable in its official capacity-for any damages received by reason of its negligence or carelessness in keeping any such road or bridge in proper repair” can not be interpreted as creating a liability for injuries sustained by one whose horse takes fright at stones which the commissioners had collected by the road-side for the purpose of repairing a road or bridge there being no defect in either road or bridge contributing to the injury.</p>