Board of Improvement of Sewer District Number 2 v. Moreland
Supreme Court of Arkansas
Appeal from Sebastian Court, Fort Smith District; Daniel Hon, Judge; 1. Improvement districts are governmental agencies — public quasi corporations, and they are not liable for injuries to individuals for negligence, unless so expressly provided by statute. 81 Ark. 391; 55 Id. 148;-i Smith, Mun. Corp., p. 3; 117 Cal. 114; 14 Cyc. 1057; 135 111. 269; 2 Dillon, Mun. Corp., § 761-2; Cooley, Const. Lim. 240-7; 55 111. 346; 8 Am.
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Appeal from Sebastian Court, Fort Smith District; Daniel Hon, Judge; 1. Improvement districts are governmental agencies — public quasi corporations, and they are not liable for injuries to individuals for negligence, unless so expressly provided by statute. 81 Ark. 391; 55 Id. 148;-i Smith, Mun. Corp., p. 3; 117 Cal. 114; 14 Cyc. 1057; 135 111. 269; 2 Dillon, Mun. Corp., § 761-2; Cooley, Const. Lim. 240-7; 55 111. 346; 8 Am. Rep. 652; 236 111. 36; 121 Cal. 96; 52 Ark. 107; 87 Id. 8; 73 Id. 447; 56 Id. 205; 86 Id. 61. 2. Acts 1907, p. 162, does not apply. Black on Int. Daws, 141. 1.…
1Opinion of the CourtHart, J.
The sole question to be determined in this case is the liability of the Board of Improvement of Sewer District No. 2 of Fort,Smith, Arkansas, for an injury sustained by Edward N. Moreland, resulting in his death, which was alleged to have occurred while he was engaged in the work of constructing the sewer and to have been caused by the negligence of said Sewer District.
In the case of Fitzgerald v. Walker, 55 Ark. 156, the court, speaking through Mr. Justice MansRiRud, said: “The fact that an improvement district is organized to accomplish a purpose which in a limited sense may be said to be…
2Cases cited8 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Elmore v. Drainage CommissionersIllinois Supreme Court · 1890
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Altheimer v. Board of Directors of Plum Bayou Levee DistrictSupreme Court of Arkansas · 1906
- Little Rock v. KatzensteinSupreme Court of Arkansas · 1889
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3Cited by25 opinions
- Tri-City Fresh Water Supply District No. 2 v. MannTexas Supreme Court · 1940
- Wood v. Drainage District No. 2Supreme Court of Arkansas · 1913
- Arkansas Valley Cooperative Rural Electric Co. v. ElkinsSupreme Court of Arkansas · 1940
- Whiteman v. Anderson-Cottonwood Irrigation DistrictCalifornia Court of Appeal · 1922
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
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