111 Ky. 131 | Ky. Ct. App. | 1901
Opinion of the court by
Affirming.
The question involved ,is as to whether the petition states a canse of action. The 'appellant seeks to' recover damages from the appellees for the reason, as he avers, that while passing over a plank bridge or culvert, part of the public road under the care and supervision of the appellee, Ealcer, as supervisor -of roads in McCracken county, one of the wheels of his vehicle was thrown into a hole by a plank giving away, thus causing his horse to take fright
Section 4313, Kentucky Statutes, provide® that the fiscal court of a county wherein the roads are worked by taxation may appoint a supervisor of roads. Section 4314, Id., provides that the supervisor shall, at the next regular term of the county court after Ms appointment, execute bond to the Commonwealth for the benefit of the county, and with sureties to be approved by the court, in double the- amount of the bridge and road funds, and shall take oath for the faithful discharge of his duties. The taking of the oath and the execution of the bond shall be noted on the order book of the court. This section further provides that the “county court, o>r any person aggrieved, may, from time to time, institute suit against the supervisor and his sureties on said bond, ... in any court "of competent jurisdiction for any loss or damage sustained by the acts or omissions of the1 supervisor.” It is averred in the petition that Eaker was duly appointed supervisor of roads by the fiscal court of McCracken county; that he executed bond in the sum of $20,000, as required by law, for the faithful performance of his duties as such; that the bond was signed by him as principal, and certain persons (naming them) as sureties'. It is not averred that the bond was executed before the county court or was- ever approved or accepted by it. Not containing these averments, the appellant failed to state a cause of action.
Section 4315, Kentucky Statutes-, prescribe® the duties of the supervisor with reference to the roads and bridges,