Weiher v. Phillips

Citations

• 103 Ohio St. (N.S.) 249

Syllabus

<p>County commissioners — Liability for damages statutory — Negligence in keeping road in repair — Section 2408, General Code — State roads — Barrier constructed by state highway department— Liability for negligence.</p> <p>1. A board of county commissioners is not liable in its official capacity for damages for negligent discharge of its official duties except in so far as such liability is created by statute, and such liability shall not be extended beyond the clear import o'f the terms of the statutes.</p> <p>2. Where in the course of the repair of a state road by the state highway department a barrier is constructed at one terminus of such improvement, a board of county commissioners is not liable for damages caused to the occupants of an automobile which without notice or warning of the existence of such barrier was driven violently against such barrier.</p> <p>3. State highways are under the exclusive power and control of the state highway department and no duty 'is enjoined upon cpunty commissioners to maintain and repair the same, and therefore a board of county commissioners is not chargeable with negligence or carelessness by reason of such state highways not being kept in proper repair.</p>