Legal Opinion

Anderson v. City of Fargo

North Dakota Supreme Court

Decided January 4, 1922PublishedCited by 3 opinions

Appeal from an order of the District court of Cass county, Bnglert, J. If a board is the agent of the city, the city is liable for its acts and omissions. 33 N. D. p. 69, et seq. The same doctrine is held in many other cases of which the following are a few.

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Appeal from an order of the District court of Cass county, Bnglert, J. If a board is the agent of the city, the city is liable for its acts and omissions. 33 N. D. p. 69, et seq. The same doctrine is held in many other cases of which the following are a few. City of Denver v. Spencer, 82 Pac. 590; Burridge v. City of Detroit, 76 N. W. 84; Mahon v. New York, 31 N. Y. Supp. 657; Denver v. Peterson, 36 Pac. mi; Lowe v. Salt Lake City, 44 Pac. 1050; Weber v. Harrisburg, 64 Atl. 905; Barthold v. Philadelphia, 26 Atl. 304; Silverman v. New York, 114 N. Y. Supp. 59; Powers v. City of Philadelphia,…

1Opinion of the CourtGeace, C. J.

This appeal is from an order sustaining a demurrer to the complaint. The action is one brought by the plaintiff, a widow, against the defendant, to recover damages on account of the death of her son, a boy of 13 years of age, alleged to have been caused by the negligence of the defendant in maintaining certain school playgrounds, alleged to be owned by the city, upon which certain apparatus, hereinafter more fully described, was alleged to have been maintained by it, and by which, in the circumstances herein mentioned, the boy was struck in the head and killed.

The substance of the complaint…

2Cited by3 opinions

  1. Baldwin v. Board of EducationNorth Dakota Supreme Court · 1948
  2. Blair v. City of FargoNorth Dakota Supreme Court · 1969
  3. Simmons v. Board of EducationNorth Dakota Supreme Court · 1931

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