Docket No. 1158
Decided: Tuesday, March 20th, 1894
Opinion: 8 Wash. 457 (1894)
Court: Dunbar1 Court (1893-1894)
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Undetermined votes indicate that the opinion(s) have not been evaluated yet.
WALLACE v. SKAGIT COUNTY, 8 Wash. 457 (1894).
SUPREME COURT OF WASHINGTON March 20, 1894, Decided Appeal from Superior Court, Skagit County.
Court: Judgment affirmed.
Counsel: Frank Quinby, and Fermer Pushor, for appellant. Wells & Joiner, for respondent.
Judge(s) STILES, J. DUNBAR, C. J., and HOYT, ANDERS and SCOTT, JJ., concur.
Opinion By: STILES The opinion of the court was delivered by STILES, J.--Appellant is seeking to hold the county of Skagit responsible for the default of a contractor in not paying the wages of his laborers, the commissioners not having taken a bond as required by Gen. Stat., § 2415. The work contracted for was a local ditch, under Gen. Stat., title 21, ch. 1. We agree entirely with the court below that the construction, of ditches under these laws is not a county improvement, but a purely local one, in which all expenses are payable by the district benefited, and the commissioners act as statutory agents of the improvers. Board, etc., v. Fullen, 111 Ind. 410 (12 N.E. 298); Little v. Board, 34 N.E. 499 (Ind.); Dashner v. Mills Co., 55 N.W. 468 (Iowa). The public is not interested in the matter, and the statute with regard to bonds has no application to such cases.
DUNBAR, C. J., and HOYT, ANDERS and SCOTT, JJ., concur.