Love v. City of Raleigh
Supreme Court of North Carolina
Civil actioN, tried before Bynum, J~., and a jury, at October Term, 1894, of 'Wake Superior Court. The action was brought by Alice L. Love, through her next friend and father, E. H: Love, to recover damages for an injury inflicted upon her through the alleged negligence of the defendant’s agents, who conducted a fire-works display during the celebration of the centennial anniversary of the city of Ealeigli, in October, 1892. It was in evidence that the mayor and board of…
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Civil actioN, tried before Bynum, J~., and a jury, at October Term, 1894, of 'Wake Superior Court. The action was brought by Alice L. Love, through her next friend and father, E. H: Love, to recover damages for an injury inflicted upon her through the alleged negligence of the defendant’s agents, who conducted a fire-works display during the celebration of the centennial anniversary of the city of Ealeigli, in October, 1892. It was in evidence that the mayor and board of aldermen, in pursuance of a resolution adopted by the board of aldermen to fittingly celebrate the centennial anniversary…
1Opinion of the Court
Avery, J.:
The principal questions presented by this appeal are, first, whether the city of Raleigh was empowered by any general or special statute to purchase fireworks, and order a committee to direct the manner of making the display ; second, whether, if no such authority had been delegated to the municipality, it would be answerable for the wrongful conduct of agents acting within the scope of its instruction to them, but in the exercise ■ of authority not delegated to it by the Legislature.. It will possibly aid us in the elucidation of these questions to lay down some general fundamental…
2Cases cited7 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
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- Smith v. . City of RochesterNew York Court of Appeals · 1879
- State v. . WebberSupreme Court of North Carolina · 1890
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