Schooler v. Arrington
Missouri Court of Appeals
Appeal ’ from Chariton Circuit Court. — How. John, P. Butler, Judge. (1) It is a well-settled rule that when the law requires absolutely a ministerial act to be done by a public officer and he neglects or refuses to- do the act he is liable in damages at the suit of a person injured. Knox Co. v. Hunolt, 110 Mo. 74; State v. Spencer, 79 Mo. 314; Insurance Co. v. Leland, 90 Mo. 177; 23 Am. and Eng.
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Appeal ’ from Chariton Circuit Court. — How. John, P. Butler, Judge. (1) It is a well-settled rule that when the law requires absolutely a ministerial act to be done by a public officer and he neglects or refuses to- do the act he is liable in damages at the suit of a person injured. Knox Co. v. Hunolt, 110 Mo. 74; State v. Spencer, 79 Mo. 314; Insurance Co. v. Leland, 90 Mo. 177; 23 Am. and Eng. Ency. of Law, p. 378, also sec. G-, p. 379. (2) A county bridge commissioner is a public officer and an action for damages may be had against him for damages arising because of his neglect of his…
1Opinion of the CourtEllison, J.
Plaintiff instituted this action by petition in which he charges that defendant was bridge commissioner of Chariton county and as such had supervision and control of the construction of a bridge across one of the streams in that county, which the county court had let to a bridge builder. It is charged *609that the defendant so negligently and carelessly performed his duties of supervision and inspection that he allowed improper material used therein and the bridgé to be built in such way as to be weak and unsafe for travel by the public. That notwithstanding such negligence defendant reported to…
2Cases cited4 opinions
- Pike v. MegounSupreme Court of Missouri · 1869
- Edwards v. FergusonSupreme Court of Missouri · 1881
- Gibeline v. SmithMissouri Court of Appeals · 1904
- City of St. Joseph ex rel. King Hill Brick & Manufacturing Co. v. McCabeMissouri Court of Appeals · 1894
3Cited by15 opinions
- Southers v. City of FarmingtonSupreme Court of Missouri · 2008
- Jackson v. WilsonMissouri Court of Appeals · 1979
- Green v. DenisonSupreme Court of Missouri · 1987
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- Wallace v. FeehanIndiana Supreme Court · 1934
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