Gallagher v. City of Tipton
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Eon. Wm. H. Martin, Judge. .(1) The cross-walk was built iu accordance with the plans devised by the board of aldermen, and when the legislative body of a city thus adopts •vyhat it conceives to be the best plan for effectuating drainage, construction of cross-walks, or other purposes, according to the means at its disposal, it must follow that the municipality cannot be held civilly liable for any defect in the plans so devised.
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Appeal from Cooper Circuit Court. — Eon. Wm. H. Martin, Judge. .(1) The cross-walk was built iu accordance with the plans devised by the board of aldermen, and when the legislative body of a city thus adopts •vyhat it conceives to be the best plan for effectuating drainage, construction of cross-walks, or other purposes, according to the means at its disposal, it must follow that the municipality cannot be held civilly liable for any defect in the plans so devised. In such matters, the town board acts in a legislative, or quasi judicial capacity, and the city is not liable for injuries…
1Opinion of the CourtJohnson, J.
This is an action to recover damages for personal injuries which plaintiff alleges she sustained through the negligence of defendant, a city of the fourth class, in failing to keep one of its streets in repair. We considered the case on a former appeal of defendant from a judgment recovered by plaintiff, and held that plaintiff’s evidence presented issues of fact for the jury to determine, but we reversed the judgment and remanded the cause on account of error in the instructions. (133 Mo. App. 557). A subsequent trial resulted again in a judgment for plaintiff and defendant again has…
2Cases cited1 opinion
- Gallagher v. City of TiptonMissouri Court of Appeals · 1908
3Cited by3 opinions
- Francis v. City of West PlainsMissouri Court of Appeals · 1919
- Gibbs v. City of MonettMissouri Court of Appeals · 1912
- Trippensee v. City of JeffersonMissouri Court of Appeals · 1913