Cochran v. Wilson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Frank Landioehr, Judge. (1) There is a limitation imposed upon the rule that counties are not liable for the negligence of county courts. That limitation is to the effect that said rule is applicable only when liability is sought to be based upon the neglect of some duty enjoined upon the county court without its consent.
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Appeal from St. Louis City Circuit Court. — Eon. Frank Landioehr, Judge. (1) There is a limitation imposed upon the rule that counties are not liable for the negligence of county courts. That limitation is to the effect that said rule is applicable only when liability is sought to be based upon the neglect of some duty enjoined upon the county court without its consent. But where the county court voluntarily enters upon the performance of some- act or duty which it could not have been compelled by law to perform, the county thereupon becomes subject to the same liabilities, for the negligence…
1Opinion of the CourtWalker, J.
This is an action for personal injuries brought in the Circuit Court of the City of St. Louis by plaintiff against the Board of Education, the City of St. Louis and James Wilson. The Board of Education demurred to the petition. The- demurrer was sustained and exceptions saved. Upon a trial before a jury a demurrer to plaintiff’s testimony filed by the City of St. Louis was sustained, and the court’s action in regard thereto was preserved by plaintiff for review on appeal. The result of the trial was a verdict for plaintiff in the sum of $250 against James Wilson. The trial court thereupon…
2Cases cited37 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Ford v. Kendall Bor. Sch. DistrictSupreme Court of Pennsylvania · 1888
- Perry ex rel. Perry v. House of RefugeCourt of Appeals of Maryland · 1885
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Adams v. University HospitalMissouri Court of Appeals · 1907
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3Cited by48 opinions
- Rawle v. McIlhennySupreme Court of Virginia · 1934
- Cruce v. Gulf, Mobile & Ohio RailroadSupreme Court of Missouri · 1951
- Smith v. Consolidated School District No. 2Supreme Court of Missouri · 1966
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- Pearson v. Kansas CitySupreme Court of Missouri · 1932
43 more not listed; retrieve them via the Exa API.