Santa Cruz Railroad v. County of Santa Clara
Synopsis
Appeal from a judgment for the defendant, on demurrer, in the Twentieth District Court, County of Santa Cruz. Belden, J.
The action was brought to recover damages alleged to have been suffered by reason of the delay of the Board of Supervisors of the County of Santa Cruz in issuing to the plaintiff certain bonds, to which the plaintiff was entitled under the contracts and laws referred to in the case of Santa Cruz Railroad Company v. The Board of Supervisors of the Coumty of Santa Cruz, 8 P. C. L. J. 809.
The Court: The demurrer to the complaint was properly sustained. We see no such statement of facts in the complaint as would justify a judgment against the county. For a neglect or a refusal to perform a duty imposed on him by law, a Supervisor is by Section 4086, Political Code, made personally liable.
Judgment affirmed.
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