State ex rel. Village of Linndale v. Masten

The sole appellant herein, Armand Masten, Mayor of Linndale, raises two propositions of law for our review. First, the appellant proposes that, absent a showing of negligence or other wrongdoing, a public official should not be held liable for the loss of funds collected in his official capacity. The appellant urges that public officials be held to the same standard of care as private trustees, i.e., that they should be required to exercise reasonable care, skill and diligence in the protection of funds under their control, and that they should not be held liable for the loss of public funds…