Wilks v. City of Caruthersville
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) A city is only liable for negligence in the exercise of powers conferred for its private corporate advantage; but is not liable for the negligence of its officers when engaged in enforcing the police regulations of the city, because their duties are in the interests of civil government and of the public, and are not for this reason regarded as mere officers of the town in its corporate capacity.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) A city is only liable for negligence in the exercise of powers conferred for its private corporate advantage; but is not liable for the negligence of its officers when engaged in enforcing the police regulations of the city, because their duties are in the interests of civil government and of the public, and are not for this reason regarded as mere officers of the town in its corporate capacity. Murtaugh v. City, 44 Mo. 4791; ITeller v. Sedalia, 53 Mo. 159; Armstrong v. Brunswick, 79 Mo. 319; Keating v. City, 84 Mo. 415;…
1Opinion of the Court
NORTON!, J.
This is a suit for damages accrued to plaintiff on account of the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Defendant is a city of the fourth class, incorporated and existing under the provisions of the general statutes pertaining thereto. Defendant’s ordinance forbids horses and certain other animals from running at large within its corporate limits, provides for a pound-keeper, and directs him to restrain such animals, etc. The suit proceeds against the city on account of the negligence of its pound-keeper with respect to plaintiff’s…
2Cases cited8 opinions
- Murtaugh v. City of St. LouisSupreme Court of Missouri · 1869
- Ulrich v. City of St. LouisSupreme Court of Missouri · 1892
- Barree v. City of Cape GirardeauSupreme Court of Missouri · 1906
- City of Greencastle v. MartinIndiana Supreme Court · 1881
- Worley v. Inhabitants of ColumbiaSupreme Court of Missouri · 1885
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3Cited by5 opinions
- Trower ex rel. Trower v. City of LouisianaMissouri Court of Appeals · 1918
- Hargrove v. City of RotanCourt of Appeals of Texas · 1977
- Smith v. ArnoldCourt of Appeals of Texas · 1923
- Stater v. City of JoplinMissouri Court of Appeals · 1915
- State Ex Rel. Kranke v. CalhounMissouri Court of Appeals · 1921