Gray v. Batesville

Supreme Court of Arkansas
Gray v. Batesville, 74 Ark. 519 (Ark. 1905)
86 S.W. 295; 1905 Ark. LEXIS 474
Fulkerson, McCuiaoch

Gray v. Batesville

Opinion of the Court

McCuiaoch, J.,

(after stating the facts.) This case, as to the question of liability of the city, falls squarely within the rule announced in Collier v. Ft. Smith, 73 Ark. 447; Ft. Smith v. York, 52 Ark. 841, and Arkdelphia v. Windham, 49 Ark. 139, and is controlled by them.

Now, are the mayor or members of the city council liable for a failure to repair the bridge? Officers or members of municipal bodies, charged with discretionary duties and powers with reference to public improvements, are quasi-judicial officers to that extent, and are not liable to damages for the improper exercise of those discretionary powers. Lee v. Huff, 61 Ark. 494; 23 Am. & Eng. Enc. Law, pp. 376, 377; Pawlowski v. Jenks, 115 Mich. 275; Fath v. Koeppel, 72 Wis. 289; Smith v. Gould, 61 Wis. 31; Hannon v. Grizzard, 96 N. C. 293; Daniels v. Hathaway, 65 Vt. 247.

Judgment affirmed.

Reference

Cited By
7 cases
Status
Published