Mitchell v. City of Rockland
Supreme Judicial Court of Maine
On exceptions, to the ruling of Rice, J., and on motion to set aside the verdict, as being against evidence. The evidence tended to show that the defendants’ health officers took the plaintiff’s vessel, by consent of his agent, for a hospital for a man sick with small pox; that the sick man died; that, after his death, the health officers sent one Sweelland to fumigate the vessel; that he so negligently performed his duties, that the vessel was set on fire and in- ! jured;…
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On exceptions, to the ruling of Rice, J., and on motion to set aside the verdict, as being against evidence. The evidence tended to show that the defendants’ health officers took the plaintiff’s vessel, by consent of his agent, for a hospital for a man sick with small pox; that the sick man died; that, after his death, the health officers sent one Sweelland to fumigate the vessel; that he so negligently performed his duties, that the vessel was set on fire and in- ! jured; and that the city government of the defendants paid a bill to Sweetland which contained a charge of two dollars for…
1Opinion of the Court
The opinion of the Court was drawn by
Appleton, C. J.
When this case first came before the Court, in 41 Maine, 363, it was then held that health -officers are not authorized to take vessels, in quarantine, into their own possession and control, to the exclusion of the owner or of those whom he has put in charge — and that when sucunauthorized possession and control are taken by the health officers or their servants, the town is not responsible for their acts. In 45 Maine, 505, it was held that the statute (B. S., 1841, c. 21,) "gave no authority to the selectmen or the health committee, who, by…
2Cases cited4 opinions
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- Boom v. City of UticaNew York Supreme Court · 1848
- Whitcomb v. GreenNew York Supreme Court · 1846
3Cited by11 opinions
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
- Caspary v. City of PortlandOregon Supreme Court · 1890
- Valentine v. City of EnglewoodSupreme Court of New Jersey · 1908
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