Staton v. . Wimberly

Citations

• 29 S.E. 63
• 122 N.C. 107
• 1898 N.C. LEXIS 203

Syllabus

<p>Action for Penalty--County Commissioner — heglect of Official Duty — Practice—Directing Verdict.</p> <p>1. A County Commissioner is liable to the penalty imposed by Section 711, of The Code, when he acts corruptly or grossly, intentionally and wilfully neglects or refuses to perform his duty; but where he commits an error in the honest exercise of his judgment he is not liable to the penalty.</p> <p>2. In the trial of an action for the penalty under Section 711, oí The Code, for defendant’s failure and neglect, as County Commissioner, to construct a draw in a county bridge acros.s a river, it appeared that there had been a question whether the stream above the bridge was navigable, and that during six months or more of the year the water was insufficient to float the plaintiffs or other boats and that the draw had been put in by the Board of Commissioners, of which defendant was a member, as soon as the question of the navigability was determined by the Engineering Department of the United States Government; that the plaintiff owned a boat which plied at times, above the bridge, and that defendant was a man of excellent character, and had for 16 years discharged his duty as Commissioner; Held, that it was proper for the trial Judge to direct a verdict for the defendant.-</p> <p>3. It is proper to direct a verdict for the defendant in an action for a penalty, in a case where it would be the duty to set aside the verdict, if rendered against him.</p>