Murtaugh v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. A municipal corporation is not civilly liable for the nonfeasance, or malfeasance, or misfeasance, of its officers and servants while engaged in the discharge of the public political duties of the corporation. (City of Richmond v. Long’s Adm’r, 17 Grat. 375 ; Dargan v. Mobile, 31 Ala. 469; Stewart v. New Orleans, 9 La.
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Appeal from St. Louis Circuit Court. A municipal corporation is not civilly liable for the nonfeasance, or malfeasance, or misfeasance, of its officers and servants while engaged in the discharge of the public political duties of the corporation. (City of Richmond v. Long’s Adm’r, 17 Grat. 375 ; Dargan v. Mobile, 31 Ala. 469; Stewart v. New Orleans, 9 La. An. 461; Bailey v. New York, 3 Hill, 538 ; Martin v. Mayor of Brooklyn, 1 Hill, 550 ; Prather v. City of Lexington, 13 B. Monr. 559; Western College v. Cleveland, 12 Ohio St. 375.) For analogous cases see Reardon v. St. Louis County, 30 Mo.…
1Opinion of the CourtCurrier, Judge
The plaintiff was a non-paying patient in the St. Louis City Hospital. While there he suffered physical injuries, which he alleges wore caused by the negligence and misconduct of the hospital officials and servants. This .suit is brought against the city to recover damages for the alleged injuries. At the trial in the Circuit Court, the verdict and judgment were for the plaintiff. The defendant moved in arrest. This brings up the question whether the city is liable for the negligence and misfeasance of the hospital authorities and servants in the administration of this particular charity. No…
2Cases cited3 opinions
- Sherbourne v. Yuba Cty.California Supreme Court · 1862
- Reardon v. St. Louis CountySupreme Court of Missouri · 1865
- Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
3Cited by47 opinions
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
- City of Dallas v. SmithTexas Supreme Court · 1937
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Adams v. University HospitalMissouri Court of Appeals · 1907
- Bruce v. Central Methodist Episcopal ChurchMichigan Supreme Court · 1907
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