Gillespie v. City of Lincoln
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Field, J. Liability of a city for the acts of its employes “is based upon the right which the employer has to select his servants, to discharge them if not competent, and to direct them while in his employ.”
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Error to the district court for Lancaster county. Tried below before Field, J. Liability of a city for the acts of its employes “is based upon the right which the employer has to select his servants, to discharge them if not competent, and to direct them while in his employ.” (Kelly v. New Yorh, 11 N. Y., 432.) It is the duty of a municipal corporation to beep its streets in a reasonably safe condition for public use (Lincoln v. Walker, 18 Neb., 251; Same v. Gillilan, Id., 119; Same v. Holmes, 20 Id., 39; Same v. Woodward, 19 Id., 259; Plattsmouth v. Mitchell, 20 Id., 230; Hutson v. New Yorh,…
1Opinion of the CourtPost, J.
This case comes into this court on a petition in error. The error assigned is the sustaining of a demurrer by the district court of Lancaster county to the petition of plaintiff in error, the material part of which is as follows:
“That on and prior to the 29th day of May, 1889, the said defendant had an organized and paid fire department, and had and owned engines, hose, hose carts, ladders, wagons, trucks, and other apparatus for the use by, and which was used by, said defendant in its fire department in extinguishing fires.
“ That said defendant then had and owned horses which were used by…
2Cases cited16 opinions
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- City of San Angelo v. DeutschTexas Supreme Court · 1936
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Brown v. City of OmahaNebraska Supreme Court · 1968
- State ex rel. Haberlan v. LoveNebraska Supreme Court · 1911
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
24 more not listed; retrieve them via the Exa API.