Arkadelphia v. Windham
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. R. D. Hearn, Special Judge. The appellee, Windham, brought his action against the appellant, the city of Arkadelphia, to recover damages for an injury to his horse and wagon sustained while driving over a defective railway crossing of a highway within the city’s corporate limits.
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APPEAL from Clark Circuit Court. R. D. Hearn, Special Judge. The appellee, Windham, brought his action against the appellant, the city of Arkadelphia, to recover damages for an injury to his horse and wagon sustained while driving over a defective railway crossing of a highway within the city’s corporate limits. The complaint averred that the defendant was a municipal corporation bound by its charter to keep the streets and highways within its limits in good repair; that the defendant neglected to repair one of these at a railway crossing and that by reason of its bad condition the…
1Opinion of the CourtBattle, J.
It is the duty of incorporated towns and cities of this State to keep their streets in repair, but no statute, expressly or by implication, makes them liable to a private action by an -injured party for damages sustained by reason of a failure to discharge the duty. In the absence of such a statute are they liable to a civil action by an individual for such damages?
Upon this question the authorities are not agreed and differ as to where the weight of authority lies. But while they differ in this respect they -are almost unanimous in holding that an action cannot be maintained against counties…
2Cases cited7 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Gott v. CulpMichigan Supreme Court · 1881
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Winbigler v. Mayor of Los AngelesCalifornia Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Fordyce v. Woman's Christian National Library Ass'nSupreme Court of Arkansas · 1906
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- McLaughlin v. City of HopeSupreme Court of Arkansas · 1913
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- Gregg v. HatcherSupreme Court of Arkansas · 1910
12 more not listed; retrieve them via the Exa API.