Franks v. Holly Grove
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; The ordinance was void because in conflict. Sec. 1553, Kirby’s Dig. A town cannot pass an ordinance in conflict with the general law of the State'. Art. 12, sec. 4, Const. 1874. The city is unquestionably liable for negligence of its officers and agents which results in injury to persons. 90 Minn. 158; 95 N. W. 908; 91 U. S' 540; L. R. 1 H. L. Cas. (N. S.) 93; 2 Cl. & F. 331; D. R. x Eng. & Ir.
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; The ordinance was void because in conflict. Sec. 1553, Kirby’s Dig. A town cannot pass an ordinance in conflict with the general law of the State'. Art. 12, sec. 4, Const. 1874. The city is unquestionably liable for negligence of its officers and agents which results in injury to persons. 90 Minn. 158; 95 N. W. 908; 91 U. S' 540; L. R. 1 H. L. Cas. (N. S.) 93; 2 Cl. & F. 331; D. R. x Eng. & Ir. App. 93; 1 Hurl. & N. 439; 11 Ad. & Ell. 223; 37 Eng. E. & Eq. 495; 1 Black, 39; 66 U. S. 52; 2 Black, 590; 4 Wall. 658; 37 N. Y. 568; 45 N. Y.…
1Opinion of the CourtWood, J.
This appeal is to determine whether an incorporated town is liable in damages for the acts of its mayor and marshal in enforcing by unlawful imprisonment a void ordinance of 'the town making it a misdemeanor for persons fifteen years of age and under to get on or off any moving trains within the corporate limits such persons- not being passengers. What these officers did in connection with the arrest, conviction and imprisonment of appellant was in their capacity as public officers. They acted without malice toward appellant. Although the ordinance was illegal and void as to minors under the…
2Cases cited3 opinions
- Trammell v. Town of RussellvilleSupreme Court of Arkansas · 1879
- Collier v. Fort SmithSupreme Court of Arkansas · 1904
- Gray v. BatesvilleSupreme Court of Arkansas · 1905
3Cited by11 opinions
- Parish v. PittsSupreme Court of Arkansas · 1968
- Elrod v. City of Daytona BeachSupreme Court of Florida · 1938
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
- White v. City of NewportSupreme Court of Arkansas · 1996
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