City of Fairmont v. Hawkins

MILLER, Justice:

In this appeal from a final judgment rendered against the appellant, City of Fairmont, we are asked to determine whether a mayor of a municipality has the authority to settle a claim on behalf of a municipality. We are also asked to determine if a mayor can be held personally liable for the payment of the claim.

During appellee Mayor William M. Hawkins’ term of office in May, 1975, a property damage suit was brought by Charles Glaspell against the City of Fairmont for water damage to his home. Hawkins asserted that he made a personal investigation of the damage and found it to…