Fort Smith v. York
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Greenwood District John S. Little, Judge. In the absence of a statute, municipal corporations are not liable for failure to repair defects in streets and sidewalks. 21 Mick., 118 ; 122 Mass., 344.; 26 Am. Rep., 279 ; 6 Am. & Eng. Corp. Cases, 34,368 ; 43 Cal., 36 ; 32 N. J., 394 ; 6 Nev., go 4 102 Mass., 489 ; 49 Ark., 139, and cases cited.
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APPEAL from Sebastian Circuit Court, Greenwood District John S. Little, Judge. In the absence of a statute, municipal corporations are not liable for failure to repair defects in streets and sidewalks. 21 Mick., 118 ; 122 Mass., 344.; 26 Am. Rep., 279 ; 6 Am. & Eng. Corp. Cases, 34,368 ; 43 Cal., 36 ; 32 N. J., 394 ; 6 Nev., go 4 102 Mass., 489 ; 49 Ark., 139, and cases cited. Reviews the decisions, English and American, and contends that Arkadelphia v. Windham, 49 Ark., 139, is sustained by reason and the weight of authority, citing numerous authorities. 1. This case is distinguishable from…
1Opinion of the CourtHemingway, J.
This is an action by the appellees, as next of kin of N. H. York, to recover of the appellant, damages for an injury to him, resulting in his death.
The appellant had constructed a culvert in -one of its streets; after its construction a hole was made in its covering, into which the deceased stepped, thereby receiving the injury. It is conceded that the culvert was constructed with care and skill, but claimed that the appellant was negligent in not repairing it.
The appellant contends that the facts alleged constitute no cause of action against it, and relies upon the decision of this court in…
2Cited by9 opinions
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- Little Rock v. HollandSupreme Court of Arkansas · 1931
- Blaylock v. Incorporated Town of MuskogeeCourt of Appeals for the Eighth Circuit · 1902
- Dickerson v. OkolonaSupreme Court of Arkansas · 1911
- Collier v. Fort SmithSupreme Court of Arkansas · 1904
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