Minnesota Reports; Cases Argued and Determined in the Supreme Court of Minnesota Volume 33

Minnesota Reports; Cases Argued and Determined in the Supreme Court of Minnesota Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ... public, it can have no interest except for the public, it can legally perform no act except for the public; and when there ceases to be a public interest to be subserved, a municipal corporation will cease to have any power. We fail to see why the construction and maintenance of sewers and the maintenance of streets in proper repair are not public duties of the same character as that of abating nuisances. The interest of the city, in its so-called corporate capacity, is as great in one case as in the other. The narrow rule laid down by the courts of the Eastern states has not been, and we submit should not be, adopted in this state. It is in conflict with the decisions of this court, which has heretofore adopted a broader rule of liability, which has operated as a check upon our public corporations in requiring of them a reasonable care and regard for private rights and property which experience has shown they would not otherwise exercise. W. P. Murray, for respondent. Vsxnnnnunoa, J. The plaintif f in this action seeks to charge the defendant for the misfeasance or negligence of the board of health or its agents in leaving a vault upon private premises exposed and open after removing its contents, in consequence of which plaintiff, without fault on her part, fell into the vault and was injured. By the charter of the city the board of health is constituted a separate body, composed of the city engineer, city physician or health officer, and four members of the city council appointed by the president of that body. Its powers and duties are specially defined by the charter, and it is expressly authorized to make rules and by-laws for the government of the action of the board and its agents in the discharge of its and their duties, and it...
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Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236952901
  • 9781236952905