Supreme Court of Arkansas, 1905

Gray v. Batesville

Gray v. Batesville
Supreme Court of Arkansas · Decided March 18, 1905 · Fulkerson, McCuiaoch
74 Ark. 519; 86 S.W. 295; 1905 Ark. LEXIS 474

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.