Ham

Appellants have asked for a rehearing on this appeal in order to obtain a more explicit statement of the opinion of this court as to the liability of the county supervisors for failure, if there was such, to place barriers or warning signals at the place where a portion of the bridge was washed out by the floods.

This part of the opinion is expressly shown to be by way of dictum, and was only intended to make clear the point that we were not in accord with the contention that the Pridham Act absolved those in charge of the care and maintenance of highways from liability for negligence in failing to place warnings or barriers at dangerous breaks in the road until such time as it might be convenient to repair the break in the highway. We were not undertaking to say upon whom such liability would rest. Moreover, in another part of the opinion it is expressly stated that “where the supervisors have, by appropriate general rules, regulations, and directions, provided for the maintainance and repair of the highways by the road commissioner, in the absence of specific knowledge of his failure to perform his duty in some particular case, they are relieved from responsibility for the…

The plaintiffs brought this action to recover damages for the death of one George Ira Ham, whose death was caused by his being driven off a bridge partly washed out by flood waters, while riding in an automobile with a companion, who was driving. The bridge was on one of the county roads and was part of the highway system of the county of Los Angeles.

The defendants were the county of Los Angeles, members of the board of supervisors of the county and their bondsmen, and F. H. Joyner, chief engineer of the county roads; Sydney A. Butler, John J. Hamilton, and Arthur King, and were charged with negligence in safeguarding and repairing the broken bridge.

Demurrers to the complaint, as not stating a cause of action against the defendants county of Los Angeles, Sydney A. Butler, John J. Hamilton, and Arthur King, were sustained without leave to amend. On the trial before a jury a verdict and judgment were rendered in favor of defendants Woodley, one of the supervisors, and Joyner, the road engineer. Verdict and judgment were for plaintiffs and against the remaining defendants, members of the board of supervisors and their bondsmen. The amount of recovery against these defendants was…

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 150 The plaintiffs brought this action to recover damages for the death of one George Ira Ham, whose death was caused by his being driven off a bridge partly washed out by flood waters, while riding in an automobile with a companion, who was driving. The bridge was on one of the county roads and was part of the highway system of the county of Los Angeles. The defendants were the county of Los Angeles, members of the board of supervisors of the county and their bondsmen, and F. H. Joyner, chief engineer of the county roads; Sydney A. Butler, John J. Hamilton, and Arthur King, and were charged with negligence in safeguarding and repairing the broken bridge. Demurrers to the complaint, as not stating a cause of action against the defendants county of Los Angeles, Sydney A. Butler, John J. Hamilton, and Arthur King, were sustained without leave to amend. On the trial before a jury a verdict and judgment were rendered in favor of defendants Woodley, one of the supervisors, and Joyner, the road engineer. Verdict and judgment were for plaintiffs and…