{
  "id": 11278910,
  "name": "STATE v. J. R. SELBY and others",
  "name_abbreviation": "State v. Selby",
  "decision_date": "1880-06",
  "docket_number": "",
  "first_page": "617",
  "last_page": "619",
  "citations": [
    {
      "type": "official",
      "cite": "83 N.C. 617"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 246,
    "char_count": 3609,
    "ocr_confidence": 0.48,
    "sha256": "16cd1fe72f846059e3e4dd5d67164c4ea2dab1360ead59d4f3d36560b9980f76",
    "simhash": "1:67e7cc20f81181dc",
    "word_count": 618
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  "last_updated": "2023-07-14T20:23:10.009637+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. J. R. SELBY and others."
    ],
    "opinions": [
      {
        "text": "Smith, C. J.\nThe defendants who constitute the board of county commissioners of Hyde, are charged with a criminal dereliction of official duty in suffering a certain bridge to become and remain in a decayed and ruinous condition, and in not conferring with the township trustees and in concurrence with them contracting for the reparation thereof. The special verdict rendered by the jury finds that the bridge, parcel of the highway, is over a creek twenty feet in width, has been hitherto kept up at the expense of the county and was for a considerable time out of repair and dangerous. Upon this finding His Honor was of opinion the defendants were not guilty, and in this we concur.\nIt is the duty of .the township board of trustees, with the concurrence of the county commissioners, to contract for the building, keeping and repairing the necessary public bridges which the overseer with his assistants cannot conveniently construct and maintain, and to levy the charge on their county, (Bat. Rev., ch. 104, \u00a7 23, and the expense must be borne by the whole people of the county.) . \u00a7 42.\nBut by the act of 1879, ch. 82, the control and supervision of the public roads in each township are committed to the justices residing therein, who are created and styled \u201c The board of supervisors of public roads.\u201d If this board is the successor of the township trustees in the duty of looking after the county bridges as well, and exercises similar functions, the bill misconceives the'party whose co-operation with the defendants is required for its performance. This may be the effect of the amendatory act. It is not necessary and we do not undertake to say how this is. But in either case the bill and the verdict alike fail to point out any neglected legal obligation devolved upon the defendants. The township trustees or the board of supervisors must enter into the contract for construction or repairing, \u201cwith the concurrence of the county commissioners,\u201d in the words of the act, by whose exercise of the taxing power the funds needed to'meet the obligation are to be raised. But the latter incur no guilt by the inaction of others. It is only when their cooperation becomes necessary in a movement of the township board of trustees or supervisors for the reparation of a decayed bridge, and is withheld without legal excuse, or they refuse to provide means to meet tho contract, that they commit a breach of public duty and become criminally answerable. No such imputation is contained in the bill, and if it were no fact is found to sustain the charge. It is plain therefore that no judgment could be pronounced, and there is no error in the ruling of the court. The judgment must bel\u2019affirmed.\nPer Curiam. No error.",
        "type": "majority",
        "author": "Smith, C. J."
      }
    ],
    "attorneys": [
      "Attorney-General, for the Stat\u00e9.",
      "No counsel for defendants in this court."
    ],
    "corrections": "",
    "head_matter": "STATE v. J. R. SELBY and others.\nCounty Commissioners \u2014 Repairing Bridges.\nIt is not the duty of the commissioners of a county to take the initial steps for repairing the bridges thereof when they fall into decay ; it is' only when their co operation becomes necessary in a movement started by the township board of trustees or supervisors of public roads for such repairs, and is withheld without legal excuse, or they refuse to provide means to meet the contract, that they are criminally answerable for a breach of official duty.\nINDICTMENT against the county commissioners for failing to repair a certain bridge, tried at Spring Term, 1880, of Hyde Superior Court, before Graves, J.\nUpon the facts found by the jury, the court held the defendants not guilty, and Qrandy, solicitor for the state, appealed.\nAttorney-General, for the Stat\u00e9.\nNo counsel for defendants in this court."
  },
  "file_name": "0617-01",
  "first_page_order": 639,
  "last_page_order": 641
}