The Liability of Municipal Corporations for Tort: Treating Fully Municipal Liability for NegligenceLittle, Brown, 1901 - Broj stranica: 345 |
Ostala izdanja - Prikaži sve
The Liability of Municipal Corporations for Tort, Treating Fully Municipal ... Waterman Lester Williams Pregled nije dostupan - 2016 |
The Liability of Municipal Corporations for Tort: Treating Fully Municipal ... Waterman L. Williams Pregled nije dostupan - 2017 |
Uobičajeni izrazi i fraze
accident action Allen Mass appears Barb Boston bound bridge Brooklyn caused character Chicago common law Conn Connecticut construction contributory negligence Council Bluffs County court Cush danger defective condition defendant city defendant corporation District of Columbia doctrine duty Evansville exercise fact failure Gray Mass Hampshire held not liable highway Howard County Illinois Indiana injured person Iowa jury Justice Kansas City liable for injuries Louis Lowell Massachusetts Mayor Medina Township Michigan Milwaukee Minn Minnesota Missouri municipal authorities municipal corporations N. W. Rep N. Y. App N. Y. Supp notice nuisance obstruction ordinary owner Paul Pennsylvania performance plaintiff poration quasi corporations question reasonably safe condition recover damages repair responsible Richmond rule semble sidewalk Smith statute street surface water tion tortious acts town Township Vermillion County Vermont Wilmington Wisconsin Worcester York
Popularni odlomci
Stranica 69 - If this power is granted to a borough or a city, it is a special private franchise, made as well for the private emolument and advantage of the city as for the public good.
Stranica 79 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Stranica 113 - Institutions of the kind, whether called counties or towns, are the auxiliaries of the state in the important business of municipal rule and cannot have the least pretension to sustain their privileges or their existence upon anything like a contract between them and the legislature of the state, because there is not, and cannot be, any reciprocity of stipulation, and their objects and duties are utterly incompatible with everything of the nature of compact.
Stranica 63 - The city could not erect buildings for business or speculative purposes, but having a city hall, built in good faith and used for municipal purposes, it has the right to allow it to be used incidentally for other purposes, either gratuitously or for a compensation. Such a use is within its legal authority, and is common in most of our cities and towns. (French v. Quincy, 3 Allen, 9).
Stranica 16 - We are also of the opinion that the exercise of a Judicial or discretionary power by a municipal corporation, which results In a direct and physical injury to the property of an individual, and which from its nature is liable to be repeated and continuous, but is remedial by a change of plan or the adoption of prudential measures...
Stranica 37 - ... the officer may not in strictness be a judge, still, if his powers are discretionary, to be exerted or withheld according to his...
Stranica 304 - In abating it property may be destroyed and the owner deprived of it without trial, without notice and without compensation. Such destruction for the public safety or health is not a taking of private property for public use without compensation or due process of law, in the sense of the Constitution. It is simply the prevention of its noxious and unlawful use, and depends upon the principles that every man must so use his property as not to injure his neighbor, and that the safety of the public...
Stranica 270 - When the Legislature authorizes a city or town to construct sewers, or to use a natural stream as a sewer, it is not to be assumed that it intends to authorize the city or town so to construct its sewers, or so to use the stream, as to create a nuisance, unless this is the necessary result of the powers granted.
Stranica 304 - ... pursuance of special legislation or chartered provisions, may abate what the common law deemed a public nuisance. In abating it, property may be destroyed and the owner deprived of it without trial, without notice, and without compensation. Such destruction for the public safety or health is not a taking of private property for public use without compensation or due process of law, in the sense of the constitution. It is simply the prevention of its noxious and unlawful use, and depends upon...
Stranica 183 - They are not required to make preparations for the safety or convenience of those who undertake to use those ways in an unusual or extraordinary manner, involving peculiar and special peril and danger, whether it be in respect to the kind or character of animals led or driven, or the magnitude or construction of carriages used, or the bulk or weight of property transported.