Collier v. Fort Smith
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Styres T. Rowe, Judge. A city is liable in damages for injuries occasioned by a negligent obstruction in its streets. 9 Am. & Eng. Enc. Law, 378, note 1; 2 Dill, Mun. Corp. § 1024, note 1; 122 Mass. 344. The cases in 49 Ark. 139 and 52 Ark. 84 are not applicable to the case at bar.
1Opinion of the CourtMcCurroch, J.
Appellant, Collier, sued the city of Fort Smith alleging that the city by its servants placed an obstruction in the nature of a barricade across one of the public streets which was open to the public, and suffered the same to so remain over night without display of danger signals or other warning to the public, and while traveling that way plaintiff, without fault or negligence and by reason of such obstruction, was thrown from his horse and received great bodily injury and suffered damage, for which he prayed judgment. The court sustained a demurrer to the complaint and dismissed the suit,…
2Cases cited14 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Detroit v. OsborneSupreme Court of the United States · 1890
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Hewison v. City of New HavenSupreme Court of Connecticut · 1871
- Wright v. City CouncilSupreme Court of Georgia · 1886
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3Cited by15 opinions
- Fordyce v. Woman's Christian National Library Ass'nSupreme Court of Arkansas · 1906
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- City of Uvalde v. StovallCourt of Appeals of Texas · 1925
- City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
- Little Rock v. HollandSupreme Court of Arkansas · 1931
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