City of Little Rock v. Willis
Supreme Court of Arkansas
APPEAL EROM PULASKI CIRCUIT COURT. Hon. John Wiiytock, Circuit Judge. The construction of a public work by a.corporation is necessary before a recovery can be had for damages resulting from it. 1 Black. 39; Conrad vs. Ithaca, 158; Mayer vs. Furze, 3 Hill,Q12; Montgomery vs. Gilmer, 33 Ala., 116; Shearman § Redfield on Negligence, p. 631, sec. 579 ; Rochester White Lead Co. vs. Rochester, 3 Comstock, 463. The fact of occasionally making repairs on a public work will not make…
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APPEAL EROM PULASKI CIRCUIT COURT. Hon. John Wiiytock, Circuit Judge. The construction of a public work by a.corporation is necessary before a recovery can be had for damages resulting from it. 1 Black. 39; Conrad vs. Ithaca, 158; Mayer vs. Furze, 3 Hill,Q12; Montgomery vs. Gilmer, 33 Ala., 116; Shearman § Redfield on Negligence, p. 631, sec. 579 ; Rochester White Lead Co. vs. Rochester, 3 Comstock, 463. The fact of occasionally making repairs on a public work will not make a city liable for damages resulting therefrom, as a voluntary assumption of the duty of* maintaining it. Munn vs.…
1Opinion of the CourtMcClure, C. J.
It appears from the record, in this case, that Willis was living in a house neai’ a drain, at the corner of Third and Louisiana streets, in the city of Little Rock, which said drain is usually known as the “town branch.” After an unusually copious rain, the drain alluded to, so the appellee alleges, overflowed its banks, and damaged him in the sum of one thousand dollars. At the hearing, in the Circuit Court below, the appellee obtained judgment in the sum of two hundred and fifty dollars. Motion for a new trial was made and overruled, and the cause is brought to this court by appeal.
On the…
2Cases cited2 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Cole v. Trustees of MedinaNew York Supreme Court · 1858
3Cited by7 opinions
- Parish v. PittsSupreme Court of Arkansas · 1968
- Hardin v. City of Devalls BluffSupreme Court of Arkansas · 1974
- Ronkosky v. City of TacomaWashington Supreme Court · 1912
- White v. City of NewportSupreme Court of Arkansas · 1996
- Deschner v. City of IpswichSouth Dakota Supreme Court · 1932
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