City of Clifton v. Means

Opinion op the Court by

Stanley, Commissioner

Affirming.

The appellee, Mrs. Anna Means, recovered a $1,000 judgment against the appellant for damages to her property caused by the removal of its lateral support in repairing or regrading a street.

The action is based upon negligence. The appellant argues that its demurrer to the petition should have been sustained, since a municipality is not responsible for a tort committed in repairing or constructing a street as that is performing a governmental function. In this state, a county is not responsible for negligence in building or maintaining a…