Whitfield v. Town of Carrollton
Missouri Court of Appeals
Error to the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) We insist that, in the exercise of powers not of this character, voluntarily assumed, and intended for the private advantage and benefit of the locality and its inhabitants, such municipal corporation is liable for damages to the same extent as a private corporation or individual.
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Error to the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) We insist that, in the exercise of powers not of this character, voluntarily assumed, and intended for the private advantage and benefit of the locality and its inhabitants, such municipal corporation is liable for damages to the same extent as a private corporation or individual. This is the rule laid down in the case of Hill v. Barton, 122 Mass. 344; also in 15 American & English Encyclopedia of Law, page 1141, and cases there cited; see, also, page 1155, same volume, and cases cited. Dillon on Municipal Corporations [3 Ed]…
1Opinion of the CourtSmith, P. J.
— This is an action against the defendant town for damages for permitting the erection and maintenance of a standpipe of a water company on a lot owned by the town which'adjoins one owned and occupied by the plaintiffs as a residence. The petition inter alia alleges that the defendant illegally, unlawfully and wrongfully suffered, permitted and authorized the Carrollton Water Company, a corporation organized under the laws of the state-, to build and erect, in the southeast corner of defendant’s said lot, and immediately north of, and adjoining, said lot of plaintiffs, a certain round, iron…
2Cases cited7 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- Mayor of Cumberland v. WillisonCourt of Appeals of Maryland · 1878
- Van DeVere v. Kansas CitySupreme Court of Missouri · 1891
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3Cited by6 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Bullmaster v. City of St. JosephMissouri Court of Appeals · 1897
- Caskey v. EdwardsMissouri Court of Appeals · 1908
- Boothe v. City of FultonMissouri Court of Appeals · 1900
- Puhr v. Kansas CitySupreme Court of Kansas · 1935
1 more not listed; retrieve them via the Exa API.