Gray v. Batesville
Supreme Court of Arkansas
Appeal from Independence Circuit Court. STATEMENT BY THE COURT. Action by John H. Gray against the city of Batesville, and the mayor and members of the city council, for damages caused from a defective bridge within the city limits which had been permitted to fall into disrepair and which the city had negligently failed to repair. The trial court instructed the jury to return a verdict for the defendant, which was done.
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Appeal from Independence Circuit Court. STATEMENT BY THE COURT. Action by John H. Gray against the city of Batesville, and the mayor and members of the city council, for damages caused from a defective bridge within the city limits which had been permitted to fall into disrepair and which the city had negligently failed to repair. The trial court instructed the jury to return a verdict for the defendant, which was done. Judgment was rendered accordingly, and the plaintiff appealed to this court. The city of Batesville is liable. Kirby’s Dig. § 5530; 58 Ark. 494; Elliott, Roads and Streets,…
1Opinion of the Court
McCuiaoch, J.,
(after stating the facts.) This case, as to the question of liability of the city, falls squarely within the rule announced in Collier v. Ft. Smith, 73 Ark. 447; Ft. Smith v. York, 52 Ark. 841, and Arkdelphia v. Windham, 49 Ark. 139, and is controlled by them.
Now, are the mayor or members of the city council liable for a failure to repair the bridge? Officers or members of municipal bodies, charged with discretionary duties and powers with reference to public improvements, are quasi-judicial officers to that extent, and are not liable to damages for the improper exercise of…
2Cases cited8 opinions
- Pawlowski v. JenksMichigan Supreme Court · 1897
- Daniels v. HathawaySupreme Court of Vermont · 1892
- Arkadelphia v. WindhamSupreme Court of Arkansas · 1886
- Collier v. Fort SmithSupreme Court of Arkansas · 1904
- Fath v. KoeppelWisconsin Supreme Court · 1888
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3Cited by7 opinions
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- Browne v. BentonvilleSupreme Court of Arkansas · 1910
- Dickerson v. OkolonaSupreme Court of Arkansas · 1911
- Franks v. Holly GroveSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.