Kiley v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. F. M. Black, Judge. (1) The decision of this court, when this cause was here before (69 Mo. 103), should be overruled. It is in direct conflict with the settled rule of this court and elsewhere, that a city is not liable for the failure of its officers to exercise powers which are conferred upon it or its officers for the good of the public, and not for its corporate gain or private advantage.
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Appeal from Jackson Circuit Court. — Hon. F. M. Black, Judge. (1) The decision of this court, when this cause was here before (69 Mo. 103), should be overruled. It is in direct conflict with the settled rule of this court and elsewhere, that a city is not liable for the failure of its officers to exercise powers which are conferred upon it or its officers for the good of the public, and not for its corporate gain or private advantage. Armstrong v. City of Brunswick, 79 Mo. 319; Heioison v.^Heio Haven, 37 Conn. 475. The cases just cited not only sustain the principle stated, but they are…
1Opinion of the CourtBlack, J.
The plaintiff sued the defendant because-of the death of her daughter, a child of fourteen years of age, occasioned by the falling of the brick walls of a burned, building, - which stood upon private property, ■ but-on the line of the street.
The evidence shown that the northern portion of the walls had been left standing for two or three months after the fire, and were so unstable as to be dangerous to-persons passing on the sidewalk, and to the occupants of a small house situated some ten feet to the north, which also stood on private property and on a line with the sidewalk. At the time of…
2Cases cited9 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Murtaugh v. City of St. LouisSupreme Court of Missouri · 1869
- Welsh v. City of St. LouisSupreme Court of Missouri · 1880
- Hewison v. City of New HavenSupreme Court of Connecticut · 1871
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3Cited by31 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Cochran v. WilsonSupreme Court of Missouri · 1921
- Cassidy v. City of St. JosephSupreme Court of Missouri · 1912
26 more not listed; retrieve them via the Exa API.