The Hawaiian gazette., 1893-05-16


He'd Il pzs 10: IN error 70 reuse % :
chzrss-
OPINION or The COURT By JUDD. c J
The seton Ezs 70 recover dam
ages OF the Hsvsusn government fol
injuries 70 the person q the plsintif
on the 18th Of August last. the de
clsrsGion alleging that TIE defendant
by IL servants dug lsrse hole Il
King street. Honolulu. covered i.
bottom with stones sUi besps6 I'd Z
large mound Of eSrth rear il. %
struc-i1g the highway. and negi-
gently left the hole II the night time
of-thst day without plseing O. keep
ing any light O signal there . md
cate danger. and IN consequence OF
winch negligence the esrrisge Of
plaintiff was driven into the hole and
broken. and plaintiff was thrown ont
upon the stones snd severely injured
ard several u his bones broken.
whereby be suffered crest psin and
expense. etc The Jury found veg
diet for plaintiff, $1,000.
Al the close Of the trisl the Cour;
vSs asked TO chsrge the Jury. snong
other requests If the jury ind that
the RoSd Bozrd usia the excavation.
1t was their duty to place lights az
the scene Of the accident znd Ehe-
ther they failed 10 DO - OF noa you
must ind veriic. f0r the defendant.
IS the Road B0Srd ard lot the de
fendsnt L liable
This was refused and exceptions
duly perfected b-i2g the question to
this Court.
L. the case OF Peter High =. The
Hsxsiisn Gove-nnert. decided De-
CENTER II. 1872. We held that the Act
OF 1855 tChspter 81 allowing suits
by psrsors Eno kzvs clsIus sgGinst
the Government 10 e brOEght. II the
justices q TIE Supreme Court shsll
Be OF opinio1 that the cIzi0 : : fair
subject fer iudieisl Investigation. IL
eludes scti0ns OF tort committed by
the officers o. SCENTS q the Govern
nsnt. In that esSs the tort con
plsinei q vas committed By lsbo--
eus under the direction Of The Rosd
Supervisor. who. IS the lsE then
stood. VS. appointed by the Minister
OF the InteuoT sEd removable 3!
hin. That decision holds that tie
Rosd Supervisor was state officer
and sgsnt. and not the private se-v-
snt OF agent q the Minister. he being
required BY law 70 nske the appoint
nent ard thst. therefore. the state
vas responsible for his scts done
within the scope q his employment
snd authority.
The present case differs from that
in these respects. that NOW the Legs
lsturs has provided by the Act Of
1890 fChspter s. Section ? that the
~Rosd Boards shall have ehsrge and
control OF the pubic lsboE OF all
roads. bridges and public highways,
within fbsr respective districts, and
shall have the supervision and c1n-
troI Of the expenditure OF al rosd
taxes snd 81 moneys appropriated
b the Legislature and used II max
ing snd repairing the sane, and II
such amounts Is the respective
Boards O. 8 ns!0-ity q The members
thereof nay decide The Minister
OF the Interior shall. upon the noui-
nation Of the respective Road B0zTds
OF msjouty Of the respse-
tive Road Boards. appoint
competent person II esch tx
s.ron district OF the kingdom u
Be Road SupsrTisor to- such taxation
district. TIE Road Supervisor /
sls0 removable By the Minister Of
the Interior OF the written request
Of the Road Bozrd CT uzio-ty Ct
It's members
Doe this statute sbsolve the Cor
eminent from responsibility Tor acts
done by the Road SaperFis0Tsi This
inEoiTss tie question whether the
method Of appointment q the O6eisl
hss changed the nature q his rs
possibility. II the case OF Pstsr
High he Ess appointed directly D.
the Minister OF the IuIsrIcE- II the
csss before Is the Read Board cleo
ted b. the people lOUi1stas him
ard The Minister appoints hiu
Dos lie cease 70 be a OEcer
or agent Of the Hawaiian GoTsrn-
merit beesuse 50 sppoinEsdi II the
Higb case be vas not, 6 We have
ser. The agent u tie Minister Of
TIE Inrer10z. but Of the Government
TIE Minister i not the Government
fer he / himself 3 servant O the
GO7srrueut Tie G0FsrnDent :
tie state REFRESHING tie peopls-