77 Ga. 249 | Ga. | 1887
The plaintiff brought suit against the county of Laurens for the homicide of her husband, who was drowned in crossing the Oconee river, at a ferry belonging to the defendant, near Dublin. She alleges in her declaration that
This is the material question in the case. Without one of these allegations, we are satisfied that no recovery could be had, and the verdict found was imperatively demanded.
By section 669 of the Code, it is provided that the “ ordinary may put a ferry or causeway, or both, or may establish a toll-bridge for the benefit of the county; but when on any such ferry, etc. toll is charged, the county is liable as individuals owning them.”
By section 670, sub-sections 1 and 2, the ordinaries oi the several counties have authority to appoint the places for the erection of public bridges, county ferries, etc., and to make suitable provision for their erection and repairs by letting them out to the lowest bidder, hiring hands, or in any other way that may be for the public good and agreeable to law; and it is made their duty to require sufficient bond and good security for the faithful performance of all such works and contracts, and to indemnify for all damages occasioned by a failure so to do. By section 671, when a public bridge, ferry, etc. is let out, the contractor must, in his bond, make a condition also to keep it in good repair for at least seven years, and as many more years as
The charge complained of in this case was made upon the facts and pleadings before the court, and is in entire conformity with the views here expressed; the implication from the liability imposed on counties where toll is charged makes it clear that it does not exist where the bridge or fengr is free.
Judgment affirmed.