Jason D. Sapp


The State has long enjoyed an exception to the general rules of negligence liability under the common law doctrine of sovereign immunity. This immunity has been extended to municipal governments in carrying out their role of serving the general public but not in their performance of proprietary functions. In its ruling in Junior College District v. City of St. Louis,2 the Missouri Supreme Court emphasized the narrow interpretation of exceptions to limits on negligence claims against government entities, particularly in relation to a municipality's operations as a provider of water to its citizens.3 The court further insulated municipal water suppliers by refusing to recognize a duty owed by a municipality to take reasonable measures to stop the flood of water onto private property as a result of a failure in an instrumentality not owned or maintained by the municipality.4

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.