Gray v. Batesville
Cases that cite this one
7 later published cases cite this decision.
- Holt v. Texarkana (Ark. 1925)
- Birchfield v. Diehl (Ark. 1916)
- Jones v. Sewer Improvement District No. 3 (Ark. 1915)
- McLaughlin v. City of Hope (Ark. 1913)
- Dickerson v. Okolona (Ark. 1911)
- Franks v. Holly Grove (Ark. 1910)
- Browne v. Bentonville (Ark. 1910)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(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.