Howard v. City & County of San Francisco
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action for damages caused to a horse and buggy by the negligence of the members of the paid fire department of San Francisco, in running the steam fire engine against the horse and buggy, while going to a fire. The plaintiff had judgment and the defendant appealed.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action for damages caused to a horse and buggy by the negligence of the members of the paid fire department of San Francisco, in running the steam fire engine against the horse and buggy, while going to a fire. The plaintiff had judgment and the defendant appealed. The statutes providing for the establishing, etc., of the paid fire department for the city and county of San Francisco, in force on the 25th April and 21st September, 1871, when the injuries were sustained, are to be found in the Statutes…
1Opinion of the Court
By the Court:
1. At common law, and in the absence of statutory provisions, the defendant, as being a municipal corporation, would not be liable for the negligence complained of in this action.
2. And we are of opinion that the provisions of the statute, under which the fire department of the city and county of San Francisco is organized and controlled, do not create a liability upon' the part of the city for acts of negligence committed by the officers or men of the department.
Judgment and order denying a new trial reversed and cause remanded.
2Cited by20 opinions
- Wilcox v. City of ChicagoIllinois Supreme Court · 1883
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
- Welsh v. Village of RutlandSupreme Court of Vermont · 1883
- Gillespie v. City of LincolnNebraska Supreme Court · 1892
- Varshock v. Department of ForestryCalifornia Court of Appeal · 2011
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