City of Navasota v. Pearce
Texas Supreme Court
Appeal from Grimes. Tried below before the Hon. J. R. Burnett. January 27, 1873, B. W. Pearce sued the city of Havasota . for damage, alleging the failure of the authorities of the city to keep the streets, &e., in safe condition for traveling, and that, from such negligence, injury had been occasioned to plaintiff; in that, on October 29,1872, while driving his horse and buggy in one of the public streets of said city, his horse slipped and fell, and, while scrambling,…
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Appeal from Grimes. Tried below before the Hon. J. R. Burnett. January 27, 1873, B. W. Pearce sued the city of Havasota . for damage, alleging the failure of the authorities of the city to keep the streets, &e., in safe condition for traveling, and that, from such negligence, injury had been occasioned to plaintiff; in that, on October 29,1872, while driving his horse and buggy in one of the public streets of said city, his horse slipped and fell, and, while scrambling, rolled into a ditch, receiving a wound from the shaft of his buggy, then broken, from which the horse died; that the buggy…
1Opinion of the Court
Moore, Associate Justice.
We are called upon in tins case, for the first time, to determine, whether an action for damages can be maintained against a municipal corporation, such as a town and city, to which the “ exclusive control and power over its streets, alleys, public grounds, and highways ” is given, by charter, to a party who has suffered an injury occasioned through want of repair of its streets.
Eumerous decisions from the courts of other States may be cited in which such actions have been incidentally or directly approved. A careful examination, it is believed, will show that the…
2Cases cited8 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lebohm v. City of GalvestonTexas Supreme Court · 1955
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Gould v. City of TopekaSupreme Court of Kansas · 1884
- Keller v. City of Corpus ChristiTexas Supreme Court · 1879
- Arkadelphia v. WindhamSupreme Court of Arkansas · 1886
9 more not listed; retrieve them via the Exa API.