Bullmaster v. City of St. Joseph
Missouri Court of Appeals
Appeal from the BeKalb Circuit Court. — Hon. A. M. Woodson, Judge. (1) Defendant’s, instruction number 1 in the nature of a demurrer to the evidence should have been given. The rule of law is well settled in this state that a municipal corporation is not liable for tbe negligence of its officers in tbe execution of such powers as are conferred on the corporation or its officers for the public good.
Read the full summary
Appeal from the BeKalb Circuit Court. — Hon. A. M. Woodson, Judge. (1) Defendant’s, instruction number 1 in the nature of a demurrer to the evidence should have been given. The rule of law is well settled in this state that a municipal corporation is not liable for tbe negligence of its officers in tbe execution of such powers as are conferred on the corporation or its officers for the public good. TJlrich v. City of Louis, 112 Mo. 139; Murtaugh v. City of St. Louis, 44 Mo. 479; Heller v. Mayor, Aldermen and Citizens of Sedalia, 53 Mo. 159; McKenna v. City of St. Louis, 6 Mo. App. 320;…
1Opinion of the CourtSmith, P. J.
The defendant, a city of the second class, under the authority conferred by subdivision 14, of section 1255, owned and operated a steam plant for the purpose of providing electricity for the lighting of its streets, parks, public buildings, etc. The plaintiff, a fireman at said plant in the employment of the defendant, while in the performance of the duties of his employment was seriously hurt by slipping and falling *63from a defective and unsafe wall over and along which it was necessary for him to walk in order to reach the top of the boilers where there was a leaking valve, to which he had…
2Cases cited18 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Oberkramer v. City of EllisvilleMissouri Court of Appeals · 1983
- Piper v. City of MadisowWisconsin Supreme Court · 1909
- Saulman v. Mayor of NashvilleTennessee Supreme Court · 1914
- Barree v. City of Cape GirardeauSupreme Court of Missouri · 1906
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
13 more not listed; retrieve them via the Exa API.